Relations Among States and the
Politics of Federalism
The Legitimacy of
Federalism
• Remember, the 10th Amendment
guarantees powers reserved to the
STATES or people
• Some of these powers include
admin. elections, regulating public
schools, est. local govts., creating
vehicle laws, contracts
Article IV of the
Constitution
• Relations among the states:
• Full faith and credit
• Each state must recognize the
laws, court decisions, and records
of all other states
• Ex: driver’s & marriage licenses,
corporate charters
Article IV of the
Constitution
• Privileges and immunities:
• Guarantees each state’s citizens
equal treatment in all states
• Ex: you may pass through, use
courts, buy property
• Reasonable discrimination is
legal to non-residents
• Ex. Higher fees, not able to vote
Article IV of the
Constitution
• Extradition:
• Any person who flees justice b/c
of crime, must be sent back upon
request
• Rarely a Governor can refuse
Article IV of the
Constitution
• How to deal with disputes
amongst states?
• No force allowed!
• Interstate compacts
• Ex: pest control to toll bridges
• Last resort- The Supreme Court
• Ex: water rights!
Article IV, Sections 3 & 4
• Guarantees from the national gov.
to the states:
• The admission of new states by
Congress
• Must guarantee and preserve a
republican form of govt.
• Protection from invasion and
domestic violence
• Respect territorial boundaries
The States’ Rights
Position
• Those who supported wanted a
“compact among the states”
• Favors state and local action
• Narrowly defined, or “strict
interpretation” of the Constitution
• Justice Roger B. Taney
• Early on, states had power
• The Classic Debate: Jefferson
vs. Hamilton
The Nationalist position
• Belief it was “the people”, not the
state that created our govts.
• Favors national action when
dealing with problems (states
speak for a small part)
• The national govt. not subordinate
to the states! (the Supremacy Cl.)
• Powers should be expanded when
“necessary and proper”
• McColloch case, New Deal
The Debate this Century
• We have seen a huge growth in the
national govt.
• This has come at the expense of the
states
• Done through war, commerce, and
taxing power
• Ex: economy, CR Act ’64, 16th Am.
• Fed. is more powerful!
The Debate this Century
• Despite the Federal power growth, a
couple of things to consider…
• Nixon’s “New Federalism” began to take
fed. Programs back to state and local
levels (devolution)
• Continued by Republicans (Reagan)
• Despite, most laws that affect us directly
are state!
• Ex: education, property & criminal laws
The Craziness of Federalism: The Marriage Debate
State Law
Proposition 22
passes. Defines
marriage between
a man and woman
The initiative is
struck down by
the Ca. Supreme
Court
2008: Prop 8: Ca.
Marriage Protection
Act is passed.
Changes
Constitution. $39M
raised for it, $43M
against
A court injunction is
issued against
enforcing Prop 8
Federal Law
1996: The Defense
of Marriage Act
passes. Defines
marriage federally.
2010: Section 3 is
ruled
unconstitutional
by a federal judge
2011: Atty.
General under
the direction
Obama
announces it will
no longer defend
DOMA!
The pluses of federalism
• Federalism allows local & state
divisions to serve as “testing
grounds” (ex: Georgia voting age)
• Sunset laws: check need of agencies
• Sunshine laws: no secret meetings
• Keeps political parties alive (ex:
Democrats after Civil War)
• Allows for oppty. to get involved
• (local-state-fed) & more involved