Chapter 4 - FederalismChapter 4 - Federalism

Why Federalism?Why Federalism?

• Division of government between the Division of government between the Federal Government & States Federal Government & States governmentsgovernments

• Federal Government needed to be strong Federal Government needed to be strong but still preserve the idea of state rightsbut still preserve the idea of state rights

• Framers believed that too strong of a Framers believed that too strong of a government threatened individual government threatened individual liberties, so it needed to be restrained = liberties, so it needed to be restrained = division was the key!division was the key!

• The term The term federalismfederalism is also used to is also used to describe a system of the government describe a system of the government in which sovereignty is constitutionally in which sovereignty is constitutionally divided between a central governing divided between a central governing authority and constituent political units authority and constituent political units (like states or provinces). Federalism is (like states or provinces). Federalism is a system in which the power to govern a system in which the power to govern is shared between national and central is shared between national and central (state) governments, creating what is (state) governments, creating what is often called a often called a federation.federation.

http://upload.wikimedia.org/wikipedia/commons/6/69/Map_of_federal_states.svg

Federalism StrengthsFederalism Strengths

• Federal Government – National Federal Government – National issuesissues

• State Government – State issuesState Government – State issues

• Local Government – Local issuesLocal Government – Local issues

1010thth Amendment Amendment• ““The powers not delegated to the The powers not delegated to the

United States by the Constitution, United States by the Constitution, nor prohibited by it to the States, are nor prohibited by it to the States, are reserved to the States respectively, reserved to the States respectively, or to the people.or to the people.””

Examples of Federalism Examples of Federalism (countless)(countless)

• Utah, Texas…state liquor lawsUtah, Texas…state liquor laws

• Oregon & N.J. – no self-serve gasOregon & N.J. – no self-serve gas

• Oregon – assisted suicideOregon – assisted suicide

• N.D. – no voter registration requiredN.D. – no voter registration required

• Alaska, Del., N.H., Mont., Oregon – no Alaska, Del., N.H., Mont., Oregon – no general sales taxgeneral sales tax

• Many other examples….Many other examples….

Powers of the National Powers of the National GovernmentGovernment

• 1. Expressed Powers1. Expressed Powers

• 2. Implied Powers2. Implied Powers

• 3. Inherent Powers3. Inherent Powers

• * the government is a government of * the government is a government of delegated powers (based on the Constitution)delegated powers (based on the Constitution)

The Expressed PowersThe Expressed Powers

• Delegated to the national government in Delegated to the national government in written wordswritten words

• Also known as the Also known as the “enumerated powers”“enumerated powers”

• Most found – Art. I, Sec. 8, Clause 18 – 27 Most found – Art. I, Sec. 8, Clause 18 – 27 powerspowers

• Art. II, Sec. 2Art. II, Sec. 2

• Art. IIIArt. III

• Various amendmentsVarious amendments

• Section 8. The Congress shall have power to lay and Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and debts and provide for the common defense and general welfare of the United States; but all duties, general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the imposts and excises shall be uniform throughout the United States; United States;

• To borrow money on the credit of the United States; To borrow money on the credit of the United States; • To regulate commerce with foreign nations, and To regulate commerce with foreign nations, and

among the several states, and with the Indian tribes; among the several states, and with the Indian tribes; • To establish a uniform rule of naturalization, and To establish a uniform rule of naturalization, and

uniform laws on the subject of bankruptcies uniform laws on the subject of bankruptcies throughout the United States; throughout the United States;

• To coin money, regulate the value thereof, and of To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and foreign coin, and fix the standard of weights and measures; measures;

• To provide for the punishment of counterfeiting the To provide for the punishment of counterfeiting the securities and current coin of the United States; securities and current coin of the United States;

• To establish post offices and post roads; To establish post offices and post roads; • To promote the progress of science and useful arts, To promote the progress of science and useful arts,

by securing for limited times to authors and inventors by securing for limited times to authors and inventors the exclusive right to their respective writings and the exclusive right to their respective writings and discoveries; discoveries;

• To constitute tribunals inferior to the Supreme To constitute tribunals inferior to the Supreme Court; Court;

• To define and punish piracies and felonies To define and punish piracies and felonies committed on the high seas, and offenses against committed on the high seas, and offenses against the law of nations; the law of nations;

• To declare war, grant letters of marque and To declare war, grant letters of marque and reprisal, and make rules concerning captures on reprisal, and make rules concerning captures on land and water; land and water;

• To raise and support armies, but no appropriation To raise and support armies, but no appropriation of money to that use shall be for a longer term of money to that use shall be for a longer term than two years; than two years;

• To provide and maintain a navy; To provide and maintain a navy; • To make rules for the government and regulation To make rules for the government and regulation

of the land and naval forces; of the land and naval forces; • To provide for calling forth the militia to execute To provide for calling forth the militia to execute

the laws of the union, suppress insurrections and the laws of the union, suppress insurrections and repel invasions; repel invasions;

• To provide for organizing, arming, and To provide for organizing, arming, and disciplining, the militia, and for governing such disciplining, the militia, and for governing such part of them as may be employed in the service part of them as may be employed in the service of the United States, reserving to the states of the United States, reserving to the states respectively, the appointment of the officers, and respectively, the appointment of the officers, and the authority of training the militia according to the authority of training the militia according to the discipline prescribed by Congress; the discipline prescribed by Congress;

• To exercise exclusive legislation in all cases To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular miles square) as may, by cession of particular states, and the acceptance of Congress, become states, and the acceptance of Congress, become the seat of the government of the United States, the seat of the government of the United States, and to exercise like authority over all places and to exercise like authority over all places purchased by the consent of the legislature of the purchased by the consent of the legislature of the state in which the same shall be, for the erection state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and of forts, magazines, arsenals, dockyards, and other needful buildings;--And other needful buildings;--And

• To make all laws which shall be necessary and To make all laws which shall be necessary and proper for carrying into execution the foregoing proper for carrying into execution the foregoing powers, and all other powers vested by this powers, and all other powers vested by this Constitution in the government of the United Constitution in the government of the United States, or in any department or officer thereof. States, or in any department or officer thereof.

Implied PowersImplied Powers• Not expressly stated in the ConstitutionNot expressly stated in the Constitution• Basis found in Art. I, Sec. 8, Cl. 18Basis found in Art. I, Sec. 8, Cl. 18• "Implied powers""Implied powers" are powers not given are powers not given

to the government directly through the to the government directly through the constitution, but are implied. These powers constitution, but are implied. These powers fall under the Elastic Clause in Section 8 of fall under the Elastic Clause in Section 8 of Article 1 of the U.S. Constitution. This Article 1 of the U.S. Constitution. This document lets the government create document lets the government create “necessary and proper” programs/laws and “necessary and proper” programs/laws and retain them, such as creating the Air Force. retain them, such as creating the Air Force. The Air Force is an implied power because The Air Force is an implied power because the constitution did not give the power of the constitution did not give the power of the Air Force to the federal government, the Air Force to the federal government, because airplanes didn’t even exist. because airplanes didn’t even exist.

• Hamilton produced what has now become the Hamilton produced what has now become the classic statement for implied powers. Hamilton classic statement for implied powers. Hamilton argued that the sovereign duties of a government argued that the sovereign duties of a government implied the right to use means adequate to its implied the right to use means adequate to its ends. Although the United States government ends. Although the United States government was sovereign only as to certain objects, it was was sovereign only as to certain objects, it was impossible to define all the means which it should impossible to define all the means which it should use, because it was impossible for the founders to use, because it was impossible for the founders to anticipate all future exigencies. Hamilton noted anticipate all future exigencies. Hamilton noted that the "general welfare clause" and the that the "general welfare clause" and the "necessary and proper" clause gave elasticity to "necessary and proper" clause gave elasticity to the constitution. the constitution.

• The The Necessary and Proper ClauseNecessary and Proper Clause (also known (also known as the as the Elastic ClauseElastic Clause, the , the Basket ClauseBasket Clause, the , the Coefficient ClauseCoefficient Clause, and the , and the Sweeping ClauseSweeping Clause) ) is the provision in is the provision in Article One of the United Article One of the United States ConstitutionStates Constitution, section 8, clause 18:, section 8, clause 18:

• ““The Congress shall have Power - To make all The Congress shall have Power - To make all Laws which shall be necessary and proper for Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the all other Powers vested by this Constitution in the Government of the United States, or in any Government of the United States, or in any Department or Officer thereof.Department or Officer thereof.””

Elastic Clause Examples – Elastic Clause Examples – 1,000’s1,000’s

• Almost every law ever passed by Almost every law ever passed by Congress is an exampleCongress is an example

• Ex. – what does interstate commerce Ex. – what does interstate commerce mean?mean?

The Inherent PowersThe Inherent Powers

• Sovereign stateSovereign state

• Few in number:Few in number:– Regulate immigrationRegulate immigration– Deport aliens (undocumented)Deport aliens (undocumented)– Acquire territoryAcquire territory– Grant diplomatic recognitionGrant diplomatic recognition– Protection of rebellion (Lincoln)Protection of rebellion (Lincoln)

Powers Denied to Federal Powers Denied to Federal GovernmentGovernment

• Article 1, Section 9, U.S. Constitution:Article 1, Section 9, U.S. Constitution:• Can’t prohibit states from importing “persons” prior to Can’t prohibit states from importing “persons” prior to

1808.1808.• Can’t suspend the privilege of Habeas Corpus unless in war Can’t suspend the privilege of Habeas Corpus unless in war

or invasion and safety requires it.or invasion and safety requires it.• No Bill of Attainder No Bill of Attainder • No Ex Post Facto lawsNo Ex Post Facto laws• No taxes on exports from the statesNo taxes on exports from the states• No preferences of ports in one state over those in another.No preferences of ports in one state over those in another.• No money to be spent without an appropriation by law.No money to be spent without an appropriation by law.• Expenditures of public money must be made public.Expenditures of public money must be made public.• No titles of nobility.No titles of nobility.• Public officeholders may not accept presents, office, title or Public officeholders may not accept presents, office, title or

‘emolument’ from any foreign state or king or prince. (Or ‘emolument’ from any foreign state or king or prince. (Or leader, by interpretation.)leader, by interpretation.)

Limits on StatesLimits on States• Can’t enter into Treaties, alliances, or confederations.Can’t enter into Treaties, alliances, or confederations.• No letters of Marque or Reprisal (official warrant or No letters of Marque or Reprisal (official warrant or

commission from a government authorizing the designated commission from a government authorizing the designated agent to search, seize, or destroy specified assets or agent to search, seize, or destroy specified assets or personnel belonging )personnel belonging )

• Can’t coin money, emit bills of credit, control gold/silver Can’t coin money, emit bills of credit, control gold/silver standard for currencystandard for currency

• No bill of attainder (declaring a person or group of persons No bill of attainder (declaring a person or group of persons guilty of some crime and punishing them without benefit of guilty of some crime and punishing them without benefit of a trial. a trial.

• No ex post facto law (criminalize actions that were once No ex post facto law (criminalize actions that were once legal)legal)

• No law impairing the obligation of contractsNo law impairing the obligation of contracts• No title of nobilityNo title of nobility• No taxes on imports & exports without consent of No taxes on imports & exports without consent of

congress, and, if any IS allowed, all will be paid to the U.S. congress, and, if any IS allowed, all will be paid to the U.S. Gov.Gov.

• Can’t keep troops in time of peaceCan’t keep troops in time of peace• Can’t engage in war unless invaded.Can’t engage in war unless invaded.• No Agreements or compacts with another ‘state’ or foreign No Agreements or compacts with another ‘state’ or foreign

power unless actually invaded or in imminent danger of power unless actually invaded or in imminent danger of such.such.

Limitations on Government: Bill of Limitations on Government: Bill of RightsRights: Passed on 9/25/1789; : Passed on 9/25/1789; Ratified on Ratified on

12/15/179112/15/1791

• 1st Amendment1st Amendment• Religion: Religion:

– Establishment ClauseEstablishment Clause– Free Exercise ClauseFree Exercise Clause

• Freedom of SpeechFreedom of Speech• Freedom of the PressFreedom of the Press• Right to peaceably AssembleRight to peaceably Assemble• Right to petition for redress of grievancesRight to petition for redress of grievances• 2nd Amendment2nd Amendment• Right of the people to keep and bear armsRight of the people to keep and bear arms

Limitations on Government: Bill of Limitations on Government: Bill of RightsRights: cont.: cont.

• 3rd Amendment3rd Amendment• No quartering of soldiers in homes without consent of the No quartering of soldiers in homes without consent of the

Owner in time of peace. In time of war, only as prescribed Owner in time of peace. In time of war, only as prescribed by law.by law.

• 4th Amendment4th Amendment• Protection against unreasonable search and seizureProtection against unreasonable search and seizure• Warrants have to have probable causeWarrants have to have probable cause• 5th Amendment5th Amendment• Grand Jury Indictment for capitol offensesGrand Jury Indictment for capitol offenses

– Exception: military cases in time of serviceException: military cases in time of service• Double JeopardyDouble Jeopardy• Right against self-incriminationRight against self-incrimination• Due Process of law regarding life, liberty and property Due Process of law regarding life, liberty and property

interestsinterests• Just compensation for the taking of private property for the Just compensation for the taking of private property for the

public interest (eminent domain)public interest (eminent domain)

Limitations on Government: Bill of Limitations on Government: Bill of RightsRights: cont.: cont.

• 6th Amendment6th Amendment• Speedy trialSpeedy trial• Public trialPublic trial• Right to be tried in the State and district where the crime was committedRight to be tried in the State and district where the crime was committed• Right to be informed of the nature of the offenseRight to be informed of the nature of the offense• Right to confront witnessesRight to confront witnesses• Right to subpoena witnessesRight to subpoena witnesses• Right to counselRight to counsel• 7th Amendment7th Amendment• Right to jury trial in civil cases where value is more than $20Right to jury trial in civil cases where value is more than $20• 8th Amendment8th Amendment• Protection against excessive bail (right to reasonable bond)Protection against excessive bail (right to reasonable bond)• Protection against excessive fines (right to reasonable fine)Protection against excessive fines (right to reasonable fine)• Prohibition of cruel and unusual punishmentProhibition of cruel and unusual punishment• 9th Amendment9th Amendment: The enumeration in the Constitution, of certain rights, : The enumeration in the Constitution, of certain rights,

shall not be construed to deny or disparage others retained by the people.”shall not be construed to deny or disparage others retained by the people.”• 10th Amendment10th Amendment: ““Powers not delegated to the U.S. by the : ““Powers not delegated to the U.S. by the

Constitution, nor prohibited by it to the States, are reserved to the States Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”respectively, or to the people.”

In the United States, each state In the United States, each state has the power to regulate…has the power to regulate…

0%

0%

0%

100%

0%1.1. ReligionReligion

2.2. MarriageMarriage

3.3. The PressThe Press

4.4. Postal ServicePostal Service

5.5. ImmigrationImmigration

• The The Supremacy ClauseSupremacy Clause is a clause in is a clause in the United States Constitution, article VI, the United States Constitution, article VI, paragraph 2. The clause establishes the paragraph 2. The clause establishes the Constitution, Federal Statutes, and U.S. Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the treaties as "the supreme law of the land". The text establishes these as the land". The text establishes these as the highest form of law in the American legal highest form of law in the American legal system, mandating that state judges system, mandating that state judges uphold them, even if state laws or uphold them, even if state laws or constitutions conflict. constitutions conflict.

The Supremacy Clause The Supremacy Clause HierarchyHierarchy

• United States ConstitutionUnited States Constitution

• Acts of Congress & TreatiesActs of Congress & Treaties

• State ConstitutionsState Constitutions

• State StatutesState Statutes

• City & County Charters & OrdinancesCity & County Charters & Ordinances

McCulloch v. Maryland - McCulloch v. Maryland - 18191819• McCulloch v. MarylandMcCulloch v. Maryland, (1819), was a landmark , (1819), was a landmark

decision by the Supreme Court of the United decision by the Supreme Court of the United States. The state of Maryland had attempted to States. The state of Maryland had attempted to impede operation of a branch of the Second Bank impede operation of a branch of the Second Bank of the United States by imposing a tax on all of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though notes of banks not chartered in Maryland. Though the law, by its language, was generally the law, by its language, was generally applicable, the U.S. Bank was the only out-of-applicable, the U.S. Bank was the only out-of-state bank then existing in Maryland, and the law state bank then existing in Maryland, and the law is generally recognized as having specifically is generally recognized as having specifically targeted the U.S. Bank. targeted the U.S. Bank.

• The Court invoked the Necessary and Proper The Court invoked the Necessary and Proper Clause in the Constitution, which allowed the Clause in the Constitution, which allowed the Federal government to pass laws not Federal government to pass laws not expressly provided for in the Constitution's expressly provided for in the Constitution's list of express powers as long as those laws list of express powers as long as those laws are in useful furtherance of the express are in useful furtherance of the express powers.powers.

• This fundamental case established the This fundamental case established the following following two two principles:principles:

• The Constitution grants to Congress implied The Constitution grants to Congress implied powers for implementing the Constitution's powers for implementing the Constitution's express powers, in order to create a express powers, in order to create a functional national government. functional national government.

• State action may not impede valid State action may not impede valid constitutional exercises of power by the constitutional exercises of power by the Federal government.Federal government.

The National The National Government Government

& the 50 & the 50 StatesStates

Republican Form of Republican Form of GovernmentGovernment• Art. IV, Sec. 4 – “guarantee to every State Art. IV, Sec. 4 – “guarantee to every State

in this Union a republican Form of in this Union a republican Form of Government.”Government.”

• Never been legally definedNever been legally defined• Generally understood to mean a Generally understood to mean a

representative governmentrepresentative government• Only extensive use was after the Civil War Only extensive use was after the Civil War

– refused to admit Southern States into the – refused to admit Southern States into the Union if they did not recognize the 13Union if they did not recognize the 13thth, , 1414thth and 15 and 15thth Amendments Amendments

Leading Case: Leading Case: Luther v. Luther v. Borden, 1849Borden, 1849

• Luther v. BordenLuther v. Borden, (1849), was a , (1849), was a case in which the Supreme Court of case in which the Supreme Court of the United States established the the United States established the political question doctrine in political question doctrine in controversies arising under the controversies arising under the Guarantee Clause of Art. IV, Sec. 4. Guarantee Clause of Art. IV, Sec. 4.

• Martin Luther was part of the Dorr Rebellion, an Martin Luther was part of the Dorr Rebellion, an attempt to overthrow the charter government of attempt to overthrow the charter government of Rhode Island, which had stymied the efforts of Rhode Island, which had stymied the efforts of those who wished to broaden the voting rights of those who wished to broaden the voting rights of state residents. The rebellion began as a political state residents. The rebellion began as a political effort but turned violent. Luther was arrested by effort but turned violent. Luther was arrested by Borden, a state official, who searched his home Borden, a state official, who searched his home and allegedly damaged his property. Luther and allegedly damaged his property. Luther contended that the charter government was not contended that the charter government was not "republican" in nature because it restricted the "republican" in nature because it restricted the electorate to only the most propertied classes; electorate to only the most propertied classes; because Article Four states that "the United because Article Four states that "the United States shall guarantee to every State in this States shall guarantee to every State in this Union a Republican Form of Government," Luther Union a Republican Form of Government," Luther argued that the Supreme Court should find that argued that the Supreme Court should find that Borden acted without proper authority. In doing Borden acted without proper authority. In doing so, the Court would necessarily find that the so, the Court would necessarily find that the "Dorrite" alternative republican government was "Dorrite" alternative republican government was the lawful government of Rhode Island, the lawful government of Rhode Island, superseding the charter government. superseding the charter government.

Invasion & Internal DisorderInvasion & Internal Disorder

• Article IV, Sec. 4, Clause 2: Protection Article IV, Sec. 4, Clause 2: Protection from invasion and domestic violencefrom invasion and domestic violence

• ““[...] and [The United States] shall protect [...] and [The United States] shall protect each of them [the States] against Invasion; each of them [the States] against Invasion; and on Application of the Legislature, or of and on Application of the Legislature, or of the Executive (when the Legislature the Executive (when the Legislature cannot be convened) against domestic cannot be convened) against domestic Violence.Violence.””

Invasion & Internal Disorder Invasion & Internal Disorder examplesexamples

• Any State gets attackedAny State gets attacked

• States will keep peace within their States will keep peace within their bordersborders

• Use of federal force to restore peaceUse of federal force to restore peace

• Natural disastersNatural disasters

Respect for Territorial Respect for Territorial IntegrityIntegrity

• National government must recognize National government must recognize and respect legal and existing and respect legal and existing boundariesboundaries

• Article V – no State can be deprived Article V – no State can be deprived of its equal representation in the of its equal representation in the United States without its consentUnited States without its consent

Admitting a New Sate to the Admitting a New Sate to the UnionUnion

• 1. Desiring States asks Congress for 1. Desiring States asks Congress for admissionadmission

• 2. Congress passes Enabling Act2. Congress passes Enabling Act

• 3. Territory frames a constitution – 3. Territory frames a constitution – voted voted

• 4. Submitted to Congress for approval4. Submitted to Congress for approval

• 5. Congress passes Act of Admission5. Congress passes Act of Admission

• 6. President sign Act6. President sign Act

• Congress has admitted 37 States since the Congress has admitted 37 States since the original 13original 13

• Five from existing borders – Vermont, Five from existing borders – Vermont, Kentucky, Tennessee, Maine, West VirginiaKentucky, Tennessee, Maine, West Virginia

• Texas was an independent republic before Texas was an independent republic before admissionadmission

• California was admitted shortly after it was California was admitted shortly after it was ceded to the United States from Mexicoceded to the United States from Mexico

Conditions for AdmissionsConditions for Admissions

• 1896 – Utah – polygamy1896 – Utah – polygamy

• 1959 – Alaska – prohibited taking lands 1959 – Alaska – prohibited taking lands legally held by Native Americanslegally held by Native Americans

• 1907 – Oklahoma – capital – Guthrie – 1907 – Oklahoma – capital – Guthrie – Oklahoma City (Oklahoma City (Coyle v. Smith 1911Coyle v. Smith 1911))

• 1911 – Arizona – remove judges by 1911 – Arizona – remove judges by popular votepopular vote

Cooperative Federalism – 3 Cooperative Federalism – 3 majormajor

• 1. Grants-in-Aid:1. Grants-in-Aid:

– Grant (financial) aid from the Federal gov.Grant (financial) aid from the Federal gov.– Examples (since 1787) – Northwest Ordinance, Examples (since 1787) – Northwest Ordinance,

Morrill Act 1862 (build public schools), New Deal…Morrill Act 1862 (build public schools), New Deal…– Today – over 500 in place – education, mass Today – over 500 in place – education, mass

transit, highway construction, health care, HUD, transit, highway construction, health care, HUD, ports,…ports,…

– 25% of state budgets25% of state budgets– Makes it possible for the Federal Gov. to intrude a Makes it possible for the Federal Gov. to intrude a

bit on State rightsbit on State rights

• 2. Revenue Sharing:2. Revenue Sharing:

– 1972 – 19871972 – 1987– ““shared revenues” of huge annual shared revenues” of huge annual

federal tax revenuefederal tax revenue– Virtually no strings attachedVirtually no strings attached

• 3. Block Grants:3. Block Grants:

– Broad definition of use – health care, social services, welfareBroad definition of use – health care, social services, welfare– Fewer strings attachedFewer strings attached– Include project grants (more strings attached)Include project grants (more strings attached)

4.4. Categorical GrantsCategorical Grants

- use federal monies for specific project- use federal monies for specific project- State matches monies- State matches monies- oversight agency set up- oversight agency set up- follow federal guidelines- follow federal guidelines

5.5. Other Federal Aid to States:Other Federal Aid to States:

- CensusCensus- Law enforcementLaw enforcement- EducationEducation- HousingHousing- Lulu payments – payments made in lieu of property taxesLulu payments – payments made in lieu of property taxes

Interstate CompactsInterstate Compacts

• No state can enter into any treaty, alliance, No state can enter into any treaty, alliance, or confederationor confederation

• States can enter into interstate compactsStates can enter into interstate compacts• By 1920, only 26 state compacts were By 1920, only 26 state compacts were

createdcreated• Today more than 200 compacts existToday more than 200 compacts exist• Example: Port of New York Authority, Example: Port of New York Authority,

conservation, oil, water, fire, pollution, tax conservation, oil, water, fire, pollution, tax collections, vehicle safety…collections, vehicle safety…

• All 50 states have compacts for Supervision All 50 states have compacts for Supervision of Parolees and Juvenilesof Parolees and Juveniles

Full Faith & CreditFull Faith & Credit

• ““Full Faith and Credit shall be given Full Faith and Credit shall be given in each State to the public Acts, in each State to the public Acts, Records, and judicial Proceedings of Records, and judicial Proceedings of every other State. And the Congress every other State. And the Congress may by general Laws prescribe the may by general Laws prescribe the Manner in which such Acts, Records Manner in which such Acts, Records and Proceedings shall be proved, and and Proceedings shall be proved, and the Effect thereof.the Effect thereof.””

What is a public act? Judicial What is a public act? Judicial proceedings?proceedings?

• Birth records, death records, licenses Birth records, death records, licenses (all), deeds to property, (all), deeds to property, registrations…registrations…

• Outcome of court actions, damage Outcome of court actions, damage awards, probating of wills, divorce, awards, probating of wills, divorce, marriage…marriage…

Williams v. North Carolina, Williams v. North Carolina, 19451945• Interstate “quickie” divorceInterstate “quickie” divorce• Quick divorce in Nevada – lived in Las Quick divorce in Nevada – lived in Las

Vegas for 6 weeks, divorced and married Vegas for 6 weeks, divorced and married then returned to N. Carolinathen returned to N. Carolina

• N. Carolina refused to recognize divorce & N. Carolina refused to recognize divorce & marriagemarriage

• Convicted couple of bigamous Convicted couple of bigamous cohabitationcohabitation

• S.C. upheld N. Carolina – why? Couple did S.C. upheld N. Carolina – why? Couple did not show bona fide (good faith) residencenot show bona fide (good faith) residence

Mills v. Duryee - 1813Mills v. Duryee - 1813

• The United States Supreme Court ruled The United States Supreme Court ruled that the merits of the case, as determined that the merits of the case, as determined by courts of one state, had to be by courts of one state, had to be recognized by the courts of other states. It recognized by the courts of other states. It was ruled, then, that state courts may not was ruled, then, that state courts may not reopen cases whose merits have been reopen cases whose merits have been conclusively determined by courts of other conclusively determined by courts of other states. states.

Privileges and ImmunitiesPrivileges and Immunities • ““The Citizens of each State shall be entitled to all The Citizens of each State shall be entitled to all

Privileges and Immunities of Citizens in the Privileges and Immunities of Citizens in the several States.several States.””

• * The ambiguity of the clause has given rise to a * The ambiguity of the clause has given rise to a number of different interpretations. Some contended number of different interpretations. Some contended that the clause requires Congress to equally treat all that the clause requires Congress to equally treat all citizens. Others suggested that citizens of states citizens. Others suggested that citizens of states carry forward the rights accorded by their home carry forward the rights accorded by their home states when traveling in other states. Neither of states when traveling in other states. Neither of these theories has been endorsed by the Supreme these theories has been endorsed by the Supreme Court, which has instead held that the clause means Court, which has instead held that the clause means that states may not discriminate against citizens of that states may not discriminate against citizens of other states in favor of its own citizens.other states in favor of its own citizens.

• The Supreme Court held that privileges and The Supreme Court held that privileges and immunities in respect of which discrimination immunities in respect of which discrimination is barred include "protection by the is barred include "protection by the Government; the enjoyment of life and liberty Government; the enjoyment of life and liberty ... the right of a citizen of one State to pass ... the right of a citizen of one State to pass through, or to reside in any other State, for through, or to reside in any other State, for purposes of trade, agriculture, professional purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefits of pursuits, or otherwise; to claim the benefits of the the writ of habeas corpuswrit of habeas corpus; to institute and ; to institute and maintain actions of any kind in the courts of maintain actions of any kind in the courts of the State; to take, hold and dispose of the State; to take, hold and dispose of property, either real or personal; and an property, either real or personal; and an exemption from higher taxes or impositions exemption from higher taxes or impositions than are paid by the other citizens of the than are paid by the other citizens of the State! State!

Extradition of FugitivesExtradition of Fugitives

• ““A Person charged in any State with A Person charged in any State with Treason, Felony, or other Crime, who Treason, Felony, or other Crime, who shall flee from Justice, and be found shall flee from Justice, and be found in another State, shall on demand of in another State, shall on demand of the executive Authority of the State the executive Authority of the State from which he fled, be delivered up, from which he fled, be delivered up, to be removed to the State having to be removed to the State having Jurisdiction of the Crime.”Jurisdiction of the Crime.”

• Clause Two requires that fugitives from Clause Two requires that fugitives from Justice may be extradited on the demand Justice may be extradited on the demand of executive authorities the states from of executive authorities the states from which they flee. The Supreme Court has which they flee. The Supreme Court has held that it is not compulsory for the held that it is not compulsory for the fugitive to have fled after an indictment fugitive to have fled after an indictment was found but only that the fugitive have was found but only that the fugitive have fled after having committed the crime. The fled after having committed the crime. The Constitution provides for the extradition of Constitution provides for the extradition of fugitives who have committed "treason, fugitives who have committed "treason, felony or other crime." It has been held felony or other crime." It has been held that such a phrase incorporates all acts that such a phrase incorporates all acts prohibited by the laws of a state, including prohibited by the laws of a state, including misdemeanors and petty offenses.misdemeanors and petty offenses.

• In In Kentucky v. Dennison, Kentucky v. Dennison, 18611861, the Supreme Court , the Supreme Court held that the federal courts may not, through the held that the federal courts may not, through the issue of writs of mandamus, compel state issue of writs of mandamus, compel state Governors to surrender fugitives. The decision was, Governors to surrender fugitives. The decision was, however, overruled by however, overruled by Puerto Rico v. BranstadPuerto Rico v. Branstad, , 19871987; now, the federal courts may require the ; now, the federal courts may require the extradition of fugitives. Alleged fugitives generally extradition of fugitives. Alleged fugitives generally may not challenge extradition proceedings. The may not challenge extradition proceedings. The motives of the governor demanding the extradition motives of the governor demanding the extradition may not be questioned. The accused cannot defend may not be questioned. The accused cannot defend himself against the charges in the extraditing state; himself against the charges in the extraditing state; he must do so in the courts of the state receiving he must do so in the courts of the state receiving him. It has, however, been determined that the him. It has, however, been determined that the accused may prevent extradition by offering clear accused may prevent extradition by offering clear evidence that he was not in the state he allegedly evidence that he was not in the state he allegedly fled from at the time of the crime. There is no fled from at the time of the crime. There is no constitutional requirement that extradited fugitives constitutional requirement that extradited fugitives be tried only for the crimes named in the be tried only for the crimes named in the extradition proceedings.extradition proceedings.