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National Gov’t and the States

National Gov’t and the States. Aim: How does the Supremacy Clause allow for an effective chain of command in the U.S. gov’t?. The Supremacy Clause. The “linchpin” of the Constitution Joins the national gov’t to the State gov’t into a single government  the federal gov’t

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National Gov’t and the States

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  1. National Gov’t and the States Aim: How does the Supremacy Clause allow for an effective chain of command in the U.S. gov’t?

  2. The Supremacy Clause • The “linchpin” of the Constitution • Joins the national gov’t to the State gov’t into a single government  the federal gov’t • McCulloch v. Maryland – court case regarding Second Bank of U.S. • Confirmed status of implied powers of national gov’t

  3. Delegated powers of National gov’t • Expressed: those outlined in the Constitution • Inherent: belong to the national government bc it is a sovereign state (extension of expressed, not quite implied) • i.e. power to acquire territory  making treaties • Implied: not stated in the Constitution but suggested • ARTICLE 1, SEC 18, CLAUSE 18: “NECESSARY & PROPER CLAUSE”

  4. Powers Denied to Gov’t • Expressly denied (from Bill of Rights) CONGRESS SHALL MAKE NO LAW…. • “silence” of the Constitution • Due to federalism: laws destroying that system are void

  5. Nation’s Obligation to the States • Guarantee states a republican gov’t • Protection against invasion or domestic turmoil • “attack on one is attack on all” • Respect for the legal and physical boundaries of the state

  6. Admission of New States • Cannot be created by taking territory from another state, unless the state consents • Conditions for statehood set by Congress but cannot impose political conditions (i.e. location of capital) • Enabling act- directs people of the territory to frame a new state Constitution • if “state” approves, Congress receives submission • If Congress agrees, and President signs act of submission and new State enters the Union

  7. Inter-governmental cooperation • Grants-in-aid programs: grants of federal money and resources to States or cities/counties/local units • revenue sharing: Congress gives federal tax revenues to States and local municipalities • Federal grant monies • All of these make it possible for Federal gov’t to participate in areas outside of its reach

  8. Types of grants • Categorical- conditional for programs like school lunches, airport construction, etc • Block- broadly defined (healthcare, welfare, etc) • Project grants- made to States, localities and private agencies (cancer research, diabetes, Dept of Health)

  9. Other types of cooperation • Federal aid could also come as FBI assists local police, “Lulu payments” in lieu of property taxes • Cooperation between local and federal agencies, especially elections and criminal investigations

  10. Interstate Relationships • Interstate compacts: agreements among themselves with foreign states • i.e.: Port Authority of NY/NJ manage harbor facilities • Full Faith & Credit: recognizing authority and respect of another judgment • i.e.: FINES, licenses, property titles • EXCEPTIONS: civil, not criminal cases or divorces • Williams v. North Carolina- North Carolina charged couple with bigamous cohabitation (marrying and living with each other when previous marriage was in effect)

  11. Other interstate powers • Extradition: power to return a fugitive from one state to another state • Privileges and Immunities Clause: no state can draw unreasonable distinctions between its own residences and others from other States “We the people….” protection of all citizens EQUALLY ** some distinctions are allowed: statehood for office, license to practice certain professions, etc

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