Federalism in the U.S. CAN YOU DO THAT? The Constitution & Federalism STRICT CONSTRUCTION vs. LOOSE CONSTRUCTION …different ways of interpreting the U.S. Constitution! Federalism in the U.S. CAN YOU DO THAT? The Constitution & Federalism 1.) Ohio, hard hit by the recent recession, has decided to ISSUE COINS made from old cars in order to stimulate the worsening economy. NO Article I, Section 8 – Article I, Section 10 The U.S. Congress passes a law imposing new REGULATIONS UPON AIRLINES which engage in hauling goods and products from the east coast to the west coast. 2.) YES Article I, Section 8 – Interstate Commerce Colorado’s ‘Scenic Drive Highway’ has become overcrowded. The Colorado state legislature passes a law FORBIDDING OUT OF STATE DRIVERS from using the beautiful highway. 3.) NO Article IV, Section 2 – Privileges & Immunities Clause The SCOTUS’ upholding of the Congress’ power to regulate the strip mining of coal upset the Governor of North Dakota. He has announced that he will NOT ALLOW THE ENFORCEMENT OF THE LAW in his state. 4.) NO Article VI – Supremacy Clause Federalism in the U.S. CAN YOU DO THAT? The Constitution & Federalism 5.) Displeased with the United States Postal Service, the Ohio General Assembly has passed a law creating the OHIO POSTAL SERVICE. NO Article I, Section 8 – Expressed Powers of Congress, USPS The State of Washington has placed a TAX ON GOODS IMPORTED AND EXPORTED through its seaports coming from and going into other states. 6.) NO Article I, Section 10 Given the ‘OK’ from the Ohio General Assembly, the neighboring state of Michigan has ANNEXED TOLEDO, OHIO. 7.) YES Article IV, Section 3 – States & Statehood The Governor of Ohio requests that the state of Kentucky return Charles N. Charge to Ohio. Charge, an alleged murderer and rapist in Ohio, has FLED TO KENTUCKY where local authorities recently captured him. 8.) YES Article IV, Section 2 – Extradition Federalism in the U.S. CAN YOU DO THAT? The Constitution & Federalism 9.) Justin Case has been legally adopted in the state of Arkansas. After the Case family moved to the state of Georgia, the Georgia State Welfare Agency took little Justin from his adoptive parents on the grounds that Justin’s adoption was not valid in the state of Georgia. The Agency claims it DOES NOT RECOGNIZE Arkansas adoption laws. NO Article IV, Section 1 – Full Faith & Credit Clause The federal government passes a law to establish a SINGLE NATIONAL SYSTEM OF PUBLIC HIGH SCHOOLS. 10.) NO 10th Amendment – Reserved Powers In response to a nationwide counterfeiting ring, the federal government announces a new mandatory THIRTY-FIVE YEAR PRISON SENTENCE for anyone caught participating in this activity. 11.) NO 8th Amendment – Cruel & Unusual Punishment Federalism in the U.S. CAN YOU DO THAT? The Constitution & Federalism 12.) The U.S. Congress decides to propose legislation that defines marriage as between one man and one woman; consequently, it passes with an overwhelming majority in both the House and the Senate and the President signs the bill into law. Included in this new law is the provision that same-sex marriage will not be allowed throughout the country. * NO 10th Amendment, 14th Amendment – Reserved Powers, Equal Protection In response to partisan bickering and politics “as usual,” Ohio voters vote a third party into power in the General Assembly and in the governor's mansion. These lawmakers immediately enter into an agreement with Venezuela to import oil directly into the state of Ohio. Kentucky wants included in this deal and asks Ohio to join, in which Ohio obliges. When the Indiana governor publically denounces Ohio, OHIO DECLARES WAR ON INDIANA. 13.) NO Article I, Section 10 Federalism in the U.S. CAN YOU DO THAT? The Constitution & Federalism 14.) Microsoft invents the ultimate iPhone “app” that does everything from your laundry to writing your research paper. The U.S. Congress issues Microsoft a PATENT WHICH GIVES THEM EXCLUSIVE OWNERSHIP of this iPhone “app.” YES Article I, Section 8 – Intellectual Property The U.S. Congress BORROWS MONEY from China to pay for the dayto-day operations of the United States. 15.) YES Article I, Section 8 Congress establishes all rules and procedures to be followed in YELLOWSTONE NATIONAL PARK, located within the jurisdiction of three different states – Idaho, Montana, and Wyoming. 16.) YES Article I, Section 8 – Govern U.S. Territory Federalism in the U.S. CAN YOU DO THAT? The Constitution & Federalism 17.) The State of Ohio recently AMENDED THEIR STATE CONSTITUTION to allow four separate casinos within their state. These casinos must meet the requirements set forth by the General Assembly YES 10th Amendment – Reserved Powers To promote the general welfare of the American people, and enhance the War on Drugs, the U.S. Congress adds CAFFEINE TO THE LIST OF BANNED SUBSTANCES starting on January 1, 2014. 18.) YES Article I, Section 8 – General Welfare Clause, Interstate Commerce