Federalism

4.1 Federalism: Powers divided

How to create strong central government and preserve existing states?
Federalism- written constitution divides powers of government on a territorial basis
Division of powers - implied in original constitution, spelled out in 10th amendment
Federalism allows for experimentation and innovation: Welfare reform act, AFDC program both started as state acts and moved to federal

Delegated powers; only powers delegated in constitution
Expressed/Enumerated powers: powers delegated to National Govt spelled out expressly in constitution. Most are in Article I, Section 8; Article II Section 2; Article III; 16th amendment
Implied powers: powers delegated to National Govt that aren’t expressly stated, but reasonably implied by them. Article I, Section 8, Clause 18 (Necessary and proper clause aka Elastic Clause). Federal crimes, racial discrimination, etc.
Inherent Powers: Powers delegated to National Govt because it is a national government. Some argue inheret powers are just implied by expressed powers.

Powers reserved to states; 10th amendment states that States are governments of reserved powers; powers Constitution doesn’t give National Govt. but does not deny to states.
- Constitution does not grant powers to states except for Section 2 of 21st amendment; unlimited power to regulate all parts of alcohol.
Powers denied to states; some powers expressly denied in constitution, others inherently denied.

Exclusive powers; powers exercised only by national government and cannot be exercised by states
- Expressly stated (coin money, treaties, etc), others are not expressly denied to states but among exclusive powers of Federal Government
Concurrent powers: delegated to National Government. Powers that both National Govt and states exercise.

Supremacy clause (Article VI, Section 2) states constitution, laws, and treaties of US are supreme law of land
Supreme court and Federalism:
- McCulloch v Maryland
- Fletcher v Peck - state law unconstitutional

Most found in Article IV
Republican form of Govt: National Govt guarantees every state is republican form of government. Not expressly defined; considered a political question
Invasion and Internal Disorder: Article IV, Section 4 “protect each of them [the states] against invasion…against domestic violence” (domestic violence includes natural disaster)
Respect for Territorial Intergrity: National Government must recognize legal existence and physical boundaries of each state. (Article V: no state can be deprived of its equal representation in the US Senate….")

Broad area of shared powers, states/feds must cooperate
Federal grants-in-aid:
- grants of federal money or other resources to states
- New deal programs start
- based on Nation Govt’s taxing power; article I, section 9, clause I
- Critics argue grants have strings attached, national government has unwarranted voice in state power
State aid to National Government: state/local election officials conduct national elections, often funded by state/local funds, largely regulated by state laws.

Project grants - grants made to states, localities, sometimes private agencies.
Block grants - broadly defined purposes compared to categorical (healthcare, social services, etc.)
- Fewer strings attached; state governments have more freedom on deciding how to spend
Categorical grants - specific, closely defined purpose (school lunch, airports, etc)
- strings often require state to 1) use federal money only for specific intended use 2) make own monetary contribution 3) provide agency to administer grant to 4) obey set of guidelines
Other forms of aid: FBI assisting state/local police, lulu payments/PILTs
- lulu payments are federal monies given to local govts with large federal landholdings. Direct payments take place of property taxes that local government cannot collect from National Government. aka PILTs (payment in lieu of taxes)

States, with approval of Congress, enter interstate compacts: aggrements among themselves and foreign states.
Cover variety of subjects: coordinate development, conservation resources, climate change, public universities

Article IV, section 1 demands “full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”
- Public acts - laws of state
- records - documents like marriage liscences, property, birth certificates, etc.
- judicial proceedings - outcome of court actions
Comes most into play in court matters. Person can prove age, birth, marital status, property, etc. with proof from original state.
Exceptions: First: only applies to civil, not criminal, matters. One state cannot enforce another state’s criminal law. Second: clause need not be given to certain divorces granted by one state to residents of another.

Williams v. North Carolina: man and woman traveled to Nevada to obtain divorce so they could marry one another. Lived in Nevada 6 weeks, minimum requirement for residency. Couple granted their divorces, married, returned to North Carolina next day.
- Problems arose when NC authorities refused to recognize Nevada divorces. Couple convicted of bigamous cohabitation.
- SCOTUS upheld NC denial of full faith and credit to Nevada divorces. Ruled the couple did not establish bona fida (good faith, valid) residence to Nevada. TLDR, Nevada lacked authority to give divorce.

Constitution makes provisions for those who flee to another state to avoid punishment for crime: Article IV, Section 2, Clause 2
Extradition: legal process which a fugitive from justice in one state can be returned to that state.
- Up until 1980s, governors could refuse to return fugitives.
- Kentucky v Davidson - supreme court rules that Constitution did not give Federal Government power where it can compel governor to act in an extradition case.
- Court overturned ruling in Puerto Rico v Brandstand

Constitution protects citizens who move between states: article IV, section 2, Clause 1 (reinforced in 14th amendment) aka Privileges and Immunities clause
Means no state can draw unreasonable distinctions between own residents and other state residents.
- Each state must recognize right of any American to travel in or become resident of that state. Must also allow any citizen of any residency to use its courts to make contracts; buy, own, rent, sell property; marry within its borders
- State cannot try to relieve unemployment problems by requiring employers to hire in-state residents first. (Hicklen v. Orbeck)
- State cannot provide higher/lower welfare benefits due to length of residency (Saenz v. Roe)
- Clause allows states to draw reasonable distinctions. Any state can require person to live within state certain amount before acquiring residency, state licensing for medicine/law/therapy/etc.