The Court usually lets each state favor its own laws, as in Allstate Insurance Co. Hyatt —creating plenty of confusion for those whose interests cross state lines. In other words, the discretion the Founders meant for Congress has now been taken up by the Court. These kinds of problems are better ones for Congress to decide.
Whose law governs contracts made over the Internet, or major accidents with victims in many states? Baker v. General Motors Corp. This principle is consistent with the high premium that law places on the finality of judgments, perhaps together with the idea advanced by some jurists and scholars that the Full Faith and Credit Clause was originally intended foremost as a command to state courts.
Ordinary laws and statutes, however, are a different story. Because the United States is a highly mobile and interconnected society, scenarios often arise where one event—for example, a claim under an automobile insurance policy—could plausibly be governed by the law of more than one state.
The Supreme Court has consistently held that as a general rule every state is entitled to make its own laws, and so a state is allowed to apply its own law in its own courts as long as it has sufficient contacts with the matter being adjudicated.
One state generally is not required to bow to the ideas of other states on matters of public policy. This makes sense: much regulation of our daily lives still takes place at the state level; the states are coequal sovereigns; and the idea of states as laboratories of policy innovation continues to have appeal.
Both marriage and parenthood create well-established bundles of legal rights. If State A creates a marriage or a parent-child relationship, should State B be allowed not only to ignore the status but also to deny—even effectively terminate—the legal rights entailed by that status? This question remains perhaps the most significant unresolved dilemma in the modern law of Full Faith and Credit.
Until the Supreme Court in Obergefell v. Hill Same-sex marriage was settled by a ruling under the Fourteenth Amendment, and comity in interstate recognition of marriages has always been the rule rather than the exception. Yet the fact remains that, unless and until the Supreme Court says otherwise, states continue to have no constitutional obligation under Full Faith and Credit to recognize other disfavored types of marriage such as marriages between first cousins with which they disagree.
The federal circuits are split on another question of family law under Full Faith and Credit: to what extent and in what manner should one state be required to recognize an adoption procured by a couple in another state? See Thomas M. Joraanstad, Half Faith and Credit? This is the better view, given the importance of certainty and stability in the parent-child relationship. But an outlier decision from the Fifth Circuit U. Court of Appeals in Adar v.
Smith held that Louisiana was not required to issue a new birth certificate recognizing two unmarried men as the parents of a Louisiana-born child whom they had adopted in New York.
The U. Read the full discussion here. Matters of Debate. Constitution, Federal Statutes and U. Constitution, Federal Statutes, and U.
The Federalist Papers are a series of 85 essays advocating the ratification of the Constitution. James Madison similarly defends the Supremacy Clause as vital to the functioning of the nation, noting that state legislatures were invested with all powers not specifically defined in the constitution, but also having the federal government subservient to various state constitutions would be an inversion of the principles of government.
In Ware v. Hylton , the Supreme Court relied on the Supremacy Clause for the first time to strike down a state statute. The state of Virginia passed a statute during the Revolutionary War allowing the state to confiscate debt payments to British creditors.
The Court found this Virginia statute inconsistent with the Treaty of Paris with Britain, which protected the rights of British creditors. In McCulloch v. Maryland , the Supreme Court reviewed a tax levied by the state of Maryland on the federally incorporated Bank of the United States. The Court found that if a state had the power to tax a federally incorporated institution, then the state effectively had the power to destroy the federal institution, thereby thwarting the intent and purpose of Congress.
The Court found that this would be inconsistent with the Supremacy Clause, which makes federal law superior to state law. In Martin v. Virginia , the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court power to review state court decisions involving issues arising under the Constitution and laws of the United States.
In Ableman v. Booth , the Supreme Court held that state courts cannot issue rulings contradictory to decisions of federal courts, citing the Supremacy Clause, and overturning a decision by the Supreme Court of Wisconsin. In Pennsylvania v. Nelson the Supreme Court struck down the Pennsylvania Sedition Act, which made advocating the forceful overthrow of the federal government a crime under Pennsylvania state law. The Supreme Court held that when federal interest in an area of law is sufficiently dominant, federal law must be assumed to preclude enforcement of state laws on the same subject; and a state law is not to be declared a help when state law goes farther than Congress has seen fit to go.
In Cooper v. Board of Education. The state of Arkansas had adopted several statutes designed to nullify the desegregation ruling. The Court relied on the Supremacy Clause to hold that the federal law controlled and could not be nullified by state statutes or officials. In Edgar v. Mite Corporation , the Supreme Court ruled that a state statute is void to the extent that it actually conflicts with a valid Federal statute.
There has been some debate as to whether or not some of the basic principles of the United States Constitution could be affected by a treaty. In the s, a Constitutional Amendment known as the Bricker Amendment was proposed in response, which would have mandated that all American treaties shall not conflict with the manifest powers granted to the Federal Government.
Congress has numerous prohibited powers dealing with habeas corpus, regulation of commerce, titles of nobility, ex post facto and taxes. Section 9 of Article 1 of the U. Constitution provided limits on Congressional powers. These limits are as follows:. Checks and balances is a governmental structure that gives each of the branches a degree of control over the actions of the other.
To prevent one branch of government from becoming supreme, to protect the minority from the majority, and to induce the branches to cooperate, government systems employ a separation of powers in order to balance each of the branches.
This is accomplished through a system of checks and balances which allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts. The Constitution and its amendments outline distinct powers and tasks for national and state governments.
Some of these constitutional provisions enhance the power of the national government; others boost the power of the states. The U. Constitution : The Constitution originally established that, in most states, all white men with property were permitted to vote. White working men, almost all women, and other people of color were denied the franchise until later years.
The legislative branch Congress passes bills, has broad taxing and spending power, controls the federal budget and has power to borrow money on the credit of the United States. It has sole power to declare, as well as to raise, support, and regulate the military.
Congress oversees, investigates, and makes the rules for the government and its officers. It defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution. Congress is in charge of ratifying treaties signed by the President and gives advice and consent to presidential appointments to the federal, judiciary, and executive departments.
The branch has sole power of impeachment House of Representatives and trial of impeachments Senate , meaning it can remove federal executive and judicial officers from office for high crimes and misdemeanors.
The executive branch President is the commander-in-chief of the armed forces. He executes the instructions of Congress, may veto bills passed by Congress, and executes the spending authorized by Congress. The president declares states of emergency, publishes regulations and executive orders, makes executive agreements, and signs treaties ratification of these treaties requires the vote of two-thirds of the Senate. He makes appointments to the federal judiciary, executive departments, and other posts with the advice and consent of the Senate, and has power to make temporary appointments during the recess of the Senate.
The judicial branch Supreme Court determines which laws Congress intended to apply to any given case, exercises judicial review, reviewing the constitutionality of laws and determines how Congress meant the law to apply to disputes.
The Supreme Court arbitrates how a law acts to determine the disposition of prisoners, determines how a law acts to compel testimony and the production of evidence. The Supreme Court also determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges.
The amount of discretion depends upon the standard of review, determined by the type of case in question. Federal judges serve for life. Privacy Policy. Skip to main content. Search for:. Federalism in the Constitution. Federalism Federalism is the system where sovereignty is constitutionally divided between a central governing authority and constituent units.
Learning Objectives Discuss the origins and development of federalism in the United States from the ratification of the Constitution to the Great Depression, and identify the structure of federalism. Key Takeaways Key Points Federalism is based on democratic rules and institutions in which the power to govern is shared between national and state governments.
The movement arose out of the discontent with the Articles of Confederation and the creation of the Constitution. The Federalist Papers, written by Alexander Hamilton and James Madison, examined the benefits of the new Constitution and analyzed the political theory and function behind its various articles. Anti-Federalists believed that the legislative and executive branches had too much unchecked power and that the Bill of Rights should be coupled with the Constitution to prevent a dictator from exploiting citizens.
With the Great Depression and the New Deal, America has moved from dual federalism to associative federalism. Key Terms sovereignty : The state of making laws and controlling resources without the coercion of other nations; supreme authority over all things.
The basic philosophy during this time was that the U. Both the 16th and 17th amendments bolstered the power of the national government and further divided state and federal power. The Powers of National Government The federal government is composed of three branches: executive, legislative, and judiciary, whose powers are granted by the Constitution.
Learning Objectives Describe the power-sharing arrangements enshrined in the Constitution. The Constitution grants powers to Congress and any disputes are decided by the Supreme Court. The executive power is vested in the President, although power is often delegated to the Cabinet members and other officials.
The judiciary explains and applies the laws. This branch makes decisions on various legal cases. Key Terms bicameral : Having, or pertaining to, two separate legislative chambers or houses. Congress : The U. Congress holds legislative power. The Powers of State Government State governments are republics formed by citizens in the jurisdiction as provided by the Constitution.
Learning Objectives Describe the distribution of powers within individual states. Key Takeaways Key Points State governments are structured in accordance with state laws with three branches of government: legislative, executive, and judicial. All governmental powers not granted to the federal government by the Constitution are reserved for the states or the people under the Tenth Amendment. The legislative branch consists of state legislatures known as the Legislature of the General Assembly.
The executive branch is headed by an elected Governor. Each state is free to organize its executive departments and agencies any way it likes. The judicial branch is headed by a Supreme Court that hears appeals from lower state courts. The Powers of Local Government Powers of local governments are defined by state rather than federal law, and states have adopted a variety of systems of local government. Learning Objectives Distinguish among the various types and levels of local government within the States.
Key Takeaways Key Points Each state typically has at least two separate tiers of local governments: counties and municipalities. The Tenth Amendment makes local government a matter of state rather than federal law, with special cases for territories and the District of Columbia.
Census Bureau conducts a Census of Governments every five years to compile statistics. County governments are organized local governments authorized in state constitutions and statutes for administrative purposes.
Key Terms municipal : Of or pertaining to a municipality a city or a corporation having the right of administering local government. Interstate Relations Article Four of the United States Constitution outlines the relationship between the states, with Congress having power to admit new states.
Learning Objectives Summarize the relations between the States envisioned in the Constitution. Key Takeaways Key Points States are guaranteed military and civil defense by the federal government. Article Four of the U. Constitution, which outlines the relationship between the states, gives Congress the power to admit new states to the Union. States are prohibited from discriminating against other states with respect to their basic rights under the Privileges and Immunities Clause.
A state must extradite people located there who have fled charges of treason, felony or other crimes in another state if the other state demands such action. Constitution, which prevents a state from treating citizens of other states in a discriminatory manner extradition : A formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence.
Concurrent Powers Concurrent powers are the powers that are shared by both the State and the federal government, exercised simultaneously. Learning Objectives Describe concurrent powers and how they are exercised in the federal system. Key Takeaways Key Points Concurrent powers may be exercised simultaneously within the same territory and in relation to the same body of citizens.
Concurrent powers include regulating elections, taxing, borrowing money and establishing courts. In the Commerce Clause, the Constitution gives the national government broad power to regulate Commerce with foreign Nations, several States and Indian tribes. Key Terms concurrent powers : legal and political control that is shared by both the State and the federal government, in nations with a federal system of government concurrent : Happening at the same time; simultaneous.
Learning Objectives Discuss how the Supremacy Clause shapes the relationship between federal and state law. The Federalist Papers contain two sections that support the Supremacy Clause. Madison argues it is vital to the functioning of the nation.
There has been some debate as to whether or not some of the basic principles of the Constitution could be affected by international treaty. Key Terms null : A non-existent or empty value or set of values. Constitution, federal statutes, and U. Powers Denied to Congress Congress has numerous prohibited powers dealing with habeas corpus, regulation of commerce, titles of nobility, ex post facto and taxes. Key Takeaways Key Points The privilege of the Writ of Habeas Corpus shall not be suspended unless in cases of rebellion or invasion of public safety.
No preference shall be given by any regulation of commerce or revenue to ports of one state over another. No title of nobility shall be granted by the United States and no person holding an office can accept gifts of any kind. No bill of attainder of ex post facto law shall be passed. No tax shall be laid unless in proportion to the census or enumeration.
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