POLS 207: State & Local Government

Megan K. Dyer February 6, 2017

 Overview

Today: The Constitutional Framework of Federalism

1. Where exactly?
2. Division of power
3. Obligations among govts
 Federalism

Recap: Federal Systems of Govt

1. Different levels of govt control same people & territory

2. Important policy-making powers at different levels

3. Each level of govt protected from encroachment by the other

4. Each unit has the power to influence the behavior of the other
 Federalism

Where is federalism in the U.S. Constitution?

NOWHERE?
No mention of federalism per se

THROUGHOUT?
Fundamental law defines legal powers & relationships of govts
B/t national & state
Among the states

Legal powers & limits ! political dynamics

 The Federal Division of Power

The Constitutional Division of Power

1. What the national govt can (& cant) do

(+ status of U.S. Constitution & natl laws)

2. What states cant (& can) do

3. National govt obligations to the states

4. Role of states in the national govt

5. Relations among the states

 The Federal Division of Power

National Govt Powers

ENUMERATED powers
(17 explicit grants of Congressional authority)
*Tax & spend*, *regulate interstate commerce*, war, coinage, treaties, post office, etc.

IMPLIED powers
(necessary & proper clause)

Seen as a limited grant of authority

 The Federal Division of Power

Supremacy Clause

the supreme law of the land

Where U.S. Constitution gives national govt authority

National law prevails!
States cant preempt national prerogatives
e.g. AZ & illegal immigration

National govt supreme but limited

What about states?

AZ attempts its own immigration policy, 2010

 The Federal Division of Power

Powers DENIED to STATES

Treaties, war, tax imports or exports, coining money

No compacts (w/o consent of Congress)

Powers of states?
U.S. Constitution is relatively silent
 The Federal Division of Power

10th Amendment RESERVED POWERS

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.

Disagreement over meaning:

A Constitution grant creating a domain of state power
OR just a Constitutional truism?

! Broad, nebulous sphere of undefined state power

(No limited list of the powers of states)
Many concurrent powers (e.g. taxation)
 The Federal Division of Power

Traditional state POLICE POWERS

To make laws for the general welfare of their communities

(Here, police = policy)

Aims:
1. Health
2. Safety
3. Welfare/Morals

E.g.
policing, labor regulations, public health, contracts, licensing
 Federal Obligations & State Roles

National Govt Obligations to the States

Guarantee states territorial integrity

Guarantee the states a republican form of govt

Equal representation in U.S. Senate

Protection from foreign invasion

e.g. 1910-19 border war with Mexico

Protection from domestic violence

Upon application of the state
 Federal Obligations & State Roles

The States Part in National Govt

Electoral College votes by state

Governors powers to fill congressional vacancies

Apportionment: state legislatures draw U.S. congressional districts!

State laws govern elections of national officials!

3/4 of states approval required for U.S. constitutional amendment process

e.g. ERA defeat; DC Amendment defeat
 Federal Obligations & State Roles

States Obligations to Each Other

1. Full faith & credit

e.g. marriage, contracts

2. Extradition

3. Privileges & immunities

States cant discriminate against
citizens & residents of other states
Note: residency reqs; in-state tuition

State variation in marriage laws put stress on full

faith & credit prior to Obergefell v. Hodges (2014)
 Federal Obligations & State Roles

Interstate Compacts

50 states, many borders ! need cooperation

Shared &/or regional interests

Requires congressional consent

(Re: states cant make treaties!)

Potential uses:
Conserve Natural resources; wildlife & fisheries
Manage interstate tollways & metro areas

The Port Authority of NY & NJ, created by a

1921 interstate compact.
 Federal Obligations & State Roles

Conflicts between states

Similar to international relations!

Examples:
Territorial disputes
Disputes over water rights

S.C.O.T.U.S. (U.S. Supreme Court) original jurisdiction

 Federal Obligations & State Roles

The Character of American Federalism

RE: Legal & political RELATIONSHIP b/t states & national govt
(& b/t states)

Has changed over time

via constitutional & historical development

Changes affect both:

1. States as political actors & policymakers
2. American public policy
Next: Developments in Federalism & Federalism Today