Federalism
the relationship between the national gov aned the respective state gov.
Powers given to the national gov.
· enumerated:n (delegated) powers
· those powers specifically granted to the national gov in Article 1
· collect taxes, regulate interstate commerce, declare war, raise an army, est treaties and coin $
· exclusive: (coining $, interstate commerce, etc)
Reserved Powers
· 10th Amendment=> "powers not prohibited by the constituion to the states are reserved to the state."
· Tax & Spend, Police power, Regulate Intra-State Commerce(Intra means inside of the state), and Eminent domain
Delegated, Reserved, and Concurrent Powers
· Article 6 (National Supremacy Clause)= "any legitimate exercise of national gov power supersedes any conflicting state action"
Horizontal Federalism
· this concept (covered in Article 4) deals with the relationships between the respective state govs.:
· Full Faith and Credit (civil matters only)>rights est under deeds, wils, and contracts will be honored byother states.
· Privileges and Immunities> a constitutional measure requiring that citizens of one state not be discriminated against when traveling in another state (i.e. unreasonable residency requirments.)
Dual Federalism (1789-1861)
· the primary conflict was between the national gov and the respective states
· from 1789-1836: Supreme Court usually ruled in favor of the National Gov.
· Ex.: Marbury v. Madison, McCulloch v. Maryland, Gibbons v. Ogden
· after 1836: Supreme Court begins to rule
Until Civil War, states practiced a policy called nullified regarding their relationship with the national gov.
The 14th Amendment (1868)
· No state shall deprive any person of life, liberty, or property without due process of law.
· Nor can a state deny to any person within its jurisdiction the equal protection of the law
Dual Federalism (1865-1932)
· National gov. gained power over the states (the Supremacy Clause replaced nullification)
16th Amendment
·...