federal-state relationship

US Government & Politics

Federal-State Relationship

@Lrdswd_PoliticsQuestions?

Any

Learning ObjectivesTo understand the changing relationship between the federal and state governmentsTo identify and explain the different phases of federalism

Article 4Article 4 of the US Constitution establishes the relationship among the states.The Founding Fathers enumerated several key doctrines in Article 4 that helped construct the federal model of government.

Article 4Read Article 4 of the US Constitution;Full Faith and Credit ClausePrivileges and Immunities ClauseExtradition ClauseAdmission of StatesRepublican Form of Government

Article 4Section 1

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

Full Faith and Credit ClauseThis clause mandates that the states respect each other's laws, legal decisions, and records, such as driver's license, marriage proceedings, divorce records, and the like. In recent years, there has been much speculation about whether the full faith and credit clause would mandate that same-sex marriages in one state be recognized in all fifty states.

SummaryExplain the Full Faith and Credit Clause.

@Lrdswd_Politics

Article 4Section 2

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

Privileges and Immunities ClauseThis clause establishes that a state can't treat non-residents any differently than it treats its own residents.Extradition ClauseAccused persons who flee to another state must be returned to the state where the crime was committed.

SummaryExplain the Privileges and Immunities Clause.

SummaryExplain the Extradition Clause.

@Lrdswd_Politics

Article 4Section 3

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Admission of StatesSection 3 provides that only Congress can admit a new state into the Union. This provision held greater importance in the nineteenth century, when admission to the Union occurred on a regular basis.

Article 4Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

Republican Form of GovernmentSection 4 establishes three important doctrines. First, states must elect their government officials. Second, the federal government is bound to protect the states from foreign invasion. And third, the state governments can call upon the federal government to quell domestic violence within their states.

Phases of FederalismAlthough the Constitution provides the structure for the federal-state relationship there have been different types of federalism known as phases of federalism.Dual FederalismCooperative FederalismCreative FederalismNew Federalism

SummarySummarise each phase of federalism in 140 characters or less.Dual FederalismCooperative FederalismCreative FederalismNew Federalism

@Lrdswd_Politics

@Lrdswd_PoliticsQuestions?

Any

EXAM FOCUSWhy, and to what extent, has there been disagreement about the constitutional importance of federalism?

15 marks = 15 minutes

1086420

10 MinutesStart Timer

543210


Indicative ContentThere is a widely held view in the USA, especially on the right of the political spectrum, that liberty is best protected by policies being made in local communities with the policy-makers being held locally accountable and that, conversely, the greatest threat to freedom was/is a powerful central government relative to state governments. Thus federalism is seen as the key constitutional device to protect liberty and any dilution of federalism is seen as undermining freedom. However, other Americans argue that the consistent application of the Bill of Rights can only be done/monitored by the national government and point out that, under the banner of States Rights, local communities have been guilty of fostering tyranny of the majority especially the white communities in the South.

EXAM FOCUSHow and why is federalism enshrined in the Constitution?


1086420


543210


Indicative ContentFederalism is the separation of the structure of government into two more or less autonomous layers, and the powers of each are entrenched in the constitution. The term federalism is not mentioned in the constitution, but the role of the states in US government is established in the constitution principally by: equal representation of each state in the Senate; the Electoral College for electing the president; state boundaries cannot be changed without states consent; the constitution can only be amended with the consent of of the state legislatures; the tenth amendment reserves to the states all those powers not explicitly delegated to the central government. The framers of the constitution wished to establish a political system which protected the role of the states, as the founders of the new country, and to create a central government strong enough to pull the country together into a functioning whole. Thus, both were granted significant powers within a federal system.

EXAM FOCUSIs the USA still a federal state?


1086420


543210


HomeworkReading and Note Taking, Chapter 1, Federalism under George W Bush, p26-31

federal-state relationship

Education