Federalism

1. Federalism AP U.S. GOVERNMENT & POLITICS – Federalism

2. RISE of NATIONAL SUPREMACY Article VI, Clause 2 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . shall be the supreme Law of the Land . . . AP U.S. GOVERNMENT & POLITICS – Federalism

3. RISE of NATIONAL SUPREMACY However, the 10th Amendment states . . . The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively; or to the people. AP U.S. GOVERNMENT & POLITICS – Federalism

4. DECLARE WAR ENTER ANY TREATY MAINTAIN LOCAL POLICE RISE of NATIONAL SUPREMACY REGULATE COMMERCE AMONG THE STATES IMPOSE DUTIES ON EXPORTS or IMPORTS REGULATE INTRA-STATE COMMERCE AP U.S. GOVERNMENT & POLITICS – Federalism

5. RISE of NATIONAL SUPREMACY Key Early Supreme Court Decisions Chief Justice John Marshall Served from 1801 – 1835 “Definer of a Nation” AP U.S. GOVERNMENT & POLITICS – Federalism

6. RISE of NATIONAL SUPREMACY Marbury v. Madison (1803) Court determined that it had the right to determine the meaning of the Constitution. Claimed power of “judicial review”. AP U.S. GOVERNMENT & POLITICS – Federalism

7. RISE of NATIONAL SUPREMACY Marbury v. Madison (1803) Supreme Court has the right to decide if actions of Congress and State governments are acceptable under the U.S. Constitution. “It is emphatically the province and duty of the Judicial Department [the judicial branch] to say what the law is.” AP U.S. GOVERNMENT & POLITICS – Federalism

8. RISE of NATIONAL SUPREMACY Article III, Section 1 The Judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. AP U.S. GOVERNMENT & POLITICS – Federalism

9. RISE of NATIONAL SUPREMACY Article III, Section 2 The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States . . . to Controversies to which the United States shall be a Party . . . to Controversies between two or more States . . . AP U.S. GOVERNMENT & POLITICS – Federalism

10. RISE of NATIONAL SUPREMACY McCulloch v. Maryland (1819) Helped further establish supremacy of the federal government over states. Case involved the National Bank. “One country, one constitution, one destiny!” ~ Daniel Webster AP U.S. GOVERNMENT & POLITICS – Federalism

11. RISE of NATIONAL SUPREMACY McCulloch v. Maryland (1819) Examined list of powers granted to Congress in Article I, Section 8. Called these “ENUMERATED”. Note: Does not include creation of a National Bank. So he looked carefully at the last clause . . . AP U.S. GOVERNMENT & POLITICS – Federalism

12. This has come to be known as the ELASTIC CLAUSE RISE of NATIONAL SUPREMACY The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Giving the Congress many IMPLIED POWERS AP U.S. GOVERNMENT & POLITICS – Federalism

13. RISE of NATIONAL SUPREMACY Gibbons v. Ogden (1824) Interpreted the “Commerce Clause” in Article I, Section 8: To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes. AP U.S. GOVERNMENT & POLITICS – Federalism

14. RISE of NATIONAL SUPREMACY Gibbons v. Ogden (1824) Determined that the Federal government had the power to regulate steamboat traffic between New York & New Jersey . . . instead of the state of New York. AP U.S. GOVERNMENT & POLITICS – Federalism

15. RISE of NATIONAL SUPREMACY Gibbons v. Ogden (1824) Meaning? “Commerce . . . among the several States” was broader than some thought. Laid a foundation for expansion of federal government regulation of “commerce”. AP U.S. GOVERNMENT & POLITICS – Federalism

16. RISE of NATIONAL SUPREMACY Future dramatic increases in Federal Power followed . . . The Civil War The Great Depression World War II AP U.S. GOVERNMENT & POLITICS – Federalism

17. STATES’ OBLIGATIONS to EACH OTHER Full Faith & Credit Article IV of the Constitution Requires states to recognize the public acts, records, and judicial proceedings of all other states. AP U.S. GOVERNMENT & POLITICS – Federalism

18. STATES’ OBLIGATIONS to EACH OTHER Privileges & Immunities Article IV of the Constitution Requires each state to treat visitors from other states as they treat their own citizens. Goal = prohibit state from discriminating against people from other states AP U.S. GOVERNMENT & POLITICS – Federalism

19. STATES’ OBLIGATIONS to EACH OTHER Extradition A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered to the State having Jurisdiction of the Crime. AP U.S. GOVERNMENT & POLITICS – Federalism

20. Full Faith & Credit Privileges & Immunities Extradition STATES’ OBLIGATIONS to EACH OTHER Marriage Full Faith & Credit Robbery Extradition AP U.S. GOVERNMENT & POLITICS – Federalism

21. Full Faith & Credit Privileges & Immunities Extradition STATES’ OBLIGATIONS to EACH OTHER Driver’s License Full Faith & Credit Tax on Purchases Privileges & Immunities AP U.S. GOVERNMENT & POLITICS – Federalism

22. Full Faith & Credit Privileges & Immunities Extradition STATES’ OBLIGATIONS to EACH OTHER Criminal Arrest Extradition Loans Full Faith & Credit AP U.S. GOVERNMENT & POLITICS – Federalism

23. Full Faith & Credit Privileges & Immunities Extradition STATES’ OBLIGATIONS to EACH OTHER Voting Privileges & Immunities Exception Contract Full Faith & Credit AP U.S. GOVERNMENT & POLITICS – Federalism

24. Full Faith & Credit Privileges & Immunities Extradition STATES’ OBLIGATIONS to EACH OTHER College Tuition Privileges & Immunities Exception AP U.S. GOVERNMENT & POLITICS – Federalism

25. HERE’S a QUESTION What does Federalism have to do with . . . ? AP U.S. GOVERNMENT & POLITICS – Federalism