- Slides: 12
Government Powers (Division of Powers) Powers Granted e v i s u xcl E Art I, II & III Delegated Expressed Powers Implied Inherent Concurrent Powers National Government Reserved Powers 1. 14 th Amendment 1. Expressly 2. Amendments-slavery, voting rights, etc) 3. Federalism Article IV State Government Denied: 2. Silence of the Constitution 10 th Amendment 3. Art IV Powers Denied : 1. Expressly 2. Federalism 3. State Constitutions
A. National – State 1. Guarantee a Republican form of government. 2. Protection against Foreign Invasion & Domestic Violence. 3. Respect for Territorial Integrity B. INTERSTATE RELATIONS 1. Interstate Compacts 2. Full, Faith & Credit 3. Extradition 4. Privileges & Immunities ARTICLE IV
Yes? No? 2. If Russia attacked Alaska, the U. S. Armed Forces would respond to defend Alaska. 3. If a riot breaks out in Los Angeles over a trial that is being held at the Federal Court Building, can President Obama order Federal Troops into the area even if Gov. Brown objects?
Sec 2: Obligations of the National Government #1 Guarantee each State a Republican form of government. �Definition: Representative Government �The Supreme Courts position is= �? Is political not legal, so courts won’t decide. �How was this provision applied in the years immediately following the civil war? = Southern states had to ratify 13 th, 14 th & 15 th Am to be re-admitted.
#2 Invasion and Internal Disorder Protection against foreign invasion & domestic violence � Concern in the late 1780’s was…Attack on 1 would NOT be considered an attack on all! � The primary responsibility for curbing insurrection or other internal disorder within a state rests with …. the individual state. When can the President use Federal force to restore order? 1. At the request of the state governor. …. but does not have to wait for the state’s request if…. 2. it involves Federal property 3. it involves enforcing a Federal Law 4. it involves interference with a Federal function �
#3 Respect for Territorial Integrity �Definition: Respect legal existence & physical boundaries �Two provisions in the Constitution that impose this obligation are: 1. Representation in both Houses of Congress. 2. Equal representation in the Senate (Art V***) ***only idea in Const. that cannot be changed! �When admitting a new state, Congress cannot create a new state by …. taking territory from an existing state w/o the
Section 3: Interstate Relations #1 - Interstate Compacts �Definition: Agreement between states or with a foreign government �-No treaties or alliances only agreements. �Examples: Water rights, water ways, research, etc
#2 Full, Faith & Credit � Definition=recognize, accept and uphold …. � 3 areas covered are: public acts, records & court proceedings. � 2 exceptions are: criminal matters & divorce (Divorce guided by residency requirement) � Current Issue: Same-sex Marriage � The question is: Does FFC require the 2 nd state to recognize the validity of same-sex marriage? � What is D. O. M. A. ? What are the 2 provisions of D. O. M. A. ? Defense of Marriage Act= 1)Only marriages of a man & woman are legal. 2) No state can be required to give FFC to same-sex marriages performed in another state.
Interstate Relations #3 Extradition Definition: legal process of returning a fugitive to a state. Purpose: prevent escape from justice by fleeing a state. *Cooperation between Governors is usually routine. What are the 2 exceptions? 1. racial or political overtones 2. child custody / parental kidnapping What was decided in: Kentucky v. Dennison 1861: Federal govt May order compliance Puerto Rico v. Branstad 1987: Federal govt can order compliance
Interstate Relations #4 Privileges and immunities � Definition: No unreasonable distinction between residents and non- residents of the state. � Examples of protection included: travel, use of courts, property, marriage, becoming a resident. � Examples of unreasonable distinction are: 1. Hicklin v. Orbeck 1978 -employment preference 2. Saenz v. Roe 1999 –different welfare rates � Examples of reasonable distinctions involve – 1. Residency= ex: require residency time period before voting, or granting a license to practice law, medicine, dentistry, etc. 2. Payment of State Income Tax= ex: Fishing licenses, hunting licenses higher tuition at state universities for non- residents.
Issue: Medical Marijuana �Question: INTRA – state commerce STATE POWER V. INTER-state commerce FEDERAL
Federalism: Current Issues Same Sex Marriage & Full, Faith & Credit. PBS Newshour Extra - Article & Questions. 2. Newhour Extra Video: - Do you think the Supreme Court will decide that Same-sex marriage is legal or illegal? Why? - Why is this issue before the Supreme Court? 1.