FederalisFederalismm

Central issue:Central issue:

Where is the Where is the sovereignty?sovereignty?

Framers used Framers used “divide and “divide and separate” principleseparate” principleSeparation of powersSeparation of powersChecks and balancesChecks and balancesFederalismFederalism

The known models for The known models for Framers at Framers at Philadelphia…Philadelphia…

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.

Modern Modern ConsequenceConsequence

s of s of FederalismFederalism

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

Physician-Physician-Assisted Assisted SuicideSuicide

1994 Oregon initiative 1994 Oregon initiative allowing physicialn-assisted allowing physicialn-assisted suicide suicide

Federal enforcement of Federal enforcement of Controlled Substances ActControlled Substances Act