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Relations Among States and
Between State and Federal
Government
 Understand
how the Constitution divides
powers between state and federal
government (exclusive, reserved and
concurrent)
 Learn how to classify powers of
government as expressed, implied and
inherent
 Understand the hierarchy of laws
 Learn about states’ obligations to respect
rights of citizens of other states
 Think
about how decisions involving you are
made at home. Probably some are made by
your parent(s) (e.g., where you live), some
are made solely by you (e.g., what movie
you will see this weekend), and some are
made jointly (how late you can stay out).
 Working with your partner, come up with a
list of three examples for each type of
decision.
 The system we just examined is analogous
to our federal system of government
 Federalism:
The
division of powers
among federal and
state governments
 The division is done
by the Constitution
 Powers are either
exclusive (delegated
or enumerated),
reserved or
concurrent (shared)
 The
federal government’s exclusive powers
can be further divided as follows:
 Expressed—powers specifically stated in
Constitution
 Examples?
 Implied—powers not specifically stated, but
suggested by the language used
 Examples?
 Inherent--powers that all sovereign nations
have
 Examples?
 Reserved powers—
10th Amendment
 A Venn
diagram
is useful for
visualizing and
organizing the
exclusive,
reserved and
concurrent
powers
 National
power has increased since the
Constitution was first established
 Reasons?
 1. Expansive interpretation of Commerce
Clause
 2. Supremacy Clause and “preemption”
 3. “Strings” attached to federal grants
 Art. I, sec. 8, cl. 3
 Basis
for more laws than
any other provision
 Has even been
interpreted to let
Congress regulate
intrastate activities that
have a substantial impact
on interstate commerce
 Wickard v. Filburn--1942
 Supremacy
Clause—
invalidates conflicting
state laws
 Preemption—even
consistent state laws
may be invalidated if
federal law is deemed
to “occupy the field”
(no room for state
regulation)
 The
“ladder”
of laws
in the
United
States
 Higher
always
controls!
Congress has extended its power
by attaching “strings” to federal
grants
 Categorical grants—many
strings; narrow purpose
 Block grants—fewer strings
(states have more discretion on
how to spend); broader purpose
 Examples?
 Drinking age; speed limits—
federal government “forced”
states to comply by threatening
to cut off highway funds

 Art. IV, sec. 1:
States must
give “full faith and credit”
to public acts (civil laws),
records and judicial
proceedings of other states
 Applies to birth, death and
marriage records; civil
court judgments, etc.
 DOMA—exception for
same sex marriages
 Art. IV, sec. 2:
citizens of each state
are entitled to
equal/fair treatment
in other states
 Not absolute!
Examples?
 Tuition and hunting
and fishing
privileges
 States
cannot make
treaties with foreign
countries or agreements
amongst themselves
without Congressional
approval
 Examples: compacts to
jointly manage
forests/rivers; child
support collection
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