federalism central issue: where is the sovereignty?
TRANSCRIPT
Framers used Framers used “divide and “divide and separate” principleseparate” principleSeparation of powersSeparation of powersChecks and balancesChecks and balancesFederalismFederalism
13 States Created 13 States Created National National
GovernmentGovernment In Philadelphia most states In Philadelphia most states
agreed that the national agreed that the national government under the Articles of government under the Articles of Confederation was too weak.Confederation was too weak.
They They delegateddelegated some of their some of their powers under the Articles to the powers under the Articles to the new national government. new national government.
Now..Now..The National The National Government…Government…
Had new Had new delegateddelegated powers…powers…
While states had While states had reservedreserved powers of their powers of their own.own.
Tenth Tenth AmendmentAmendment
Powers Powers not delegatednot delegated to the national to the national government or denied government or denied to states are to states are reservedreserved to the states or to the to the states or to the people.people.
Article V1: Section 2: Article V1: Section 2: Supremacy ClauseSupremacy Clause gives gives precedence to…precedence to…U.S. ConstitutionU.S. ConstitutionU.S. statutes (laws)U.S. statutes (laws)Treaties with foreign Treaties with foreign nations nations or tribesor tribes
Article IV, Section Article IV, Section 2:2:Comity clauseComity clause
Each state must grant Each state must grant privileges and privileges and immunities to citizens of immunities to citizens of all states.all states.
ExceptionsExceptions to to comity principle:comity principle:
Privileges,Privileges, including includingHunting licencesHunting licencesDriving licencesDriving licencesFishing licencesFishing licences
Reserved PowersReserved Powers This oval represents all the power This oval represents all the power
states states reservedreserved for themselves. for themselves.
Some of those reserved Some of those reserved powers powers are called are called police police powerspowers..
Police powers allow Police powers allow states to regulate….states to regulate….
HHealthealthEEducationducationSSafety afety WWelfare elfare And, And, MMoralsorals
In other words…In other words…
HHealthealth EEducatioducatio
nn SSafetyafety WWelfareelfare MMoralsorals
The The FederalFederal (NATIONAL)(NATIONAL) government government provides services, provides services, law, and order on law, and order on federally-owned federally-owned lands lands inin the states! the states!
Federal lands Federal lands includeinclude……
Lands never sold to private Lands never sold to private ownersowners
Federally-owned grasslandsFederally-owned grasslandsFederally-owned forestsFederally-owned forestsFederally-owned historic parksFederally-owned historic parks
Tribal lands under federal lawsTribal lands under federal laws InfrastuctureInfrastucture
State-owned lands State-owned lands include…include…
State-owned grasslandsState-owned grasslands State-owned forestsState-owned forests State-owned parksState-owned parks State historic sitesState historic sites InfrastructureInfrastructure
One third of Montana land is owned by the national government or tribes. Another chunk is owned by the state, itself.
1996 Defense of Marriage Act v.1996 Defense of Marriage Act v.
Hawaii Supreme CourtHawaii Supreme Court
constitutional constitutional amendmentamendment
Vermont Supreme CourtVermont Supreme Court
statute re civil unionsstatute re civil unions
California Supreme CourtCalifornia Supreme Court
voter initiativevoter initiative
Connecticut Supreme Court 11-08Connecticut Supreme Court 11-08