Federalism and the Tenth Amendment

Transcription

1 Federalism II

2 Objectives 1. Analyze the relationship between the federal and state governments under the concept of federalism. 2. Assess the role of the Tenth Amendment in the Constitution s federal structure. 3. Assess the role of the Full Faith and Credit Clause in the Constitution s federal structure. 4. Analyze the impact of the Eleventh Amendment on federalism.

3 Federalism and the Tenth Amendment The U.S. Constitution divides power between the Federal and State Governments. This is called what? Again this is a checks and balance issue in our constitution. The power is first divided between the branches of government then between the two governments. The federalist papers No. 51, p. 323

4 Federalism and the Tenth Amendment In this dual system of sovereignty between the states and the federal government, where the states posses sovereignty concurrent with that of the federal government, a mechanism is necessary to resolve disputes when federal and state law conflict and what is that mechanism? The Supremacy Clause in Article VI, clause 2 of the Constitution.

5 Federalism and the Tenth It says what? Amendment The Constitution, and the Laws of the United States which shall be made in Pursuance thereof shall be the supreme Law of the Land

6 Federalism and the Tenth Amendment The States are free to pass any laws in areas they desire except those areas withdrawn from them by the various parts of the Constitution. Congress can pass laws when they are whith in the enumerated powers in the Constitution. The other powers are retained by the States. These powers are called what? The states police powers.

7 Benefits to Federalism What are the benefits of Federalism? The states can tinker with their power, both in social and economic areas. What are some of those laws the states have delved into? Woman right to vote Unemployment insurance No fault auto insurance Minimum wage for minors and woman

8 Benefits to Federalism Federalism allows citizens in the states to participate in state elections for federal office and state office. In FERC v. Mississippi, 456 U.S. 742, 788,789 (1982) Justice O Connor, J., concurring in this opinion in part said This federalist structure of joint sovereigns preserves to the people numerous advantages. It assures a decentralized government that will be more sensitive to the diverse needs of the heterogeneous society;

9 Benefits to Federalism it increases opportunity for citizens involvement in democratic processes; it allows for more innovation and experimentation in government; and it makes government more responsive by putting the States in competition for a mobile citizenry,

10 Application of Federalism Police powers The states can pass their own laws as long as they do not conflicts with the federal law. The federal government did not receive police powers!! The federal government only received enumerated powers under the Constitution!!! What does the case of McCulloch v. Maryland stand for?

11 Application of Federalism First issue: whether Congress had the power to charter a bank? Second issue: whether the state of Maryland can tax the federal bank? We know the answer to both of these question. The enumerated power of congress to tax and the necessary and proper power. Which is known as the IMPLIED POWER OF CONGRESS.

12 Application of Federalism What is interesting about this opinion is what Justice Marshall stated concerning the second issue of taxing the federal bank. He said and reasoned that the state could not tax a Federal Bank becuase the power to tax involves the power to destroy so if we allow the states to tax the federal government then any or all the states could levy taxes against the federal government in different areas therefore putting it out of business!!!

13 Boundaries of State and Federal Powers In both cases of McCulloch v. Maryland and in New York v. United States the Supreme Court laid out the boundaries of each Sovreign. How did they do that in the New York case? The court said that the law in question told the states what to do by not giving them an option to comply with it, but instead coerced the states to do so.

14 Boundaries of State and Federal Powers Same thing happened in the Printz and Lopez case. Now what happened in the Reno v. Condon case? Congress passed a law that restricted the selling of personal information of drivers contained in the records of the states motor vehicle departments. Why didn t this law violate the tenth amendment and Federalism?

15 Federalism and the Eleventh Amendment What does the 11 th Amendment state? The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State or Subjects of any Foreign State. What in the world does this mean? SEE THE CHISHOLM V. CASE.

16 Federalism and the Eleventh Amendment The Chisholm v. Georgia case said what? Case that allowed a private citizen to sue a state in federal court. The 11 th amendment was enacted to prohibit this and to give the States what? In the Alden v. Maine case the Supreme Court gave the States under the 11 th amendment Sovereign Immunity. The states have sovereign immunity unless what?

17 Federalism and the Eleventh Amendment The state consents!!! The citizens of the any State cannot also sue any state in a state court under a federal violation law. Only the federal government cans sue the State for violation of the federal law. The congress cannot ever take this sovereign immunity away from the states by passing any law to the contrary!!!!

18 Full Faith and Credit Clause What is the full faith and credit clause? Under Article IV, Section 1 states: Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other state. What does this mean? There is a public policy exception to the Full Faith and Credit Clause, What is it? The states does not have to enforce a judgment of another state if doing so would offend the state s public policy.

19 THE END