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

National Gov’t and the States

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

The Supremacy Clause

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 suggestedARTICLE 1, SEC 18, CLAUSE 18:

“NECESSARY & PROPER CLAUSE”

Delegated powers of National gov’t

(1) Expressly denied (from Bill of Rights)CONGRESS SHALL MAKE NO

LAW….

(2) “silence” of the Constitution

(3) Due to federalism: laws destroying that system are void

Powers Denied to Gov’t

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

Nation’s Obligation to the 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 submissionIf Congress agrees, and President signs act of

submission and new State enters the Union

Admission of New States

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

Inter-governmental cooperation

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)

Types of grants

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

Other types of cooperation

Interstate compacts: agreements among themselves with foreign statesi.e.: Port Authority of NY/NJ manage harbor

facilities

Full Faith & Credit: recognizing authority and respect of another judgment i.e.: FINES, licenses, property titlesEXCEPTIONS: civil, not criminal cases or

divorcesWilliams v. North Carolina- North Carolina

charged couple with bigamous cohabitation (marrying and living with each other when previous marriage was in effect)

Interstate Relationships

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

Other interstate powers