8. No power to draft
soldiers or pay for military
No power to regulate
commerce
No power to tax
9.
10.
11.
12.
13.
14.
15.
16.
17. Protects AgainstTyranny
Dispersion and Diffusion of Power
Increases Participation
Improves Efficiency
Ensures Policy Responsiveness / Innovation
Reduces Conflict
18. Creates Confusion & Reduces Accountability
Increases Conflict
“NIMBY,” Impact on National Unity
Creates Inequality
Money, Economic Inequality, Law and Justice
19.
20. Grants specific powers
to national government
Limits on powers
granted to federal
government and states
Lays out relationships
among states and
between states and
federal government
25. Article I, Section 8
Exclusive Powers
Examples:
Coin money
Regulate interstate and
foreign commerce
Tax imports and exports
Make treaties
Declare war
26.
27. Known as “elastic clause”
Grants Congress power to pass laws “which
shall be necessary and proper for carrying
into execution the Foregoing powers”
28.
29. TenthAmendment
What is the “police power?”
Guarantee Clause (Article IV, Section 4)
“The United States shall guarantee to every state in
this union a republican form of government…”
Federalist 39 (Madison)
30.
31.
32.
33.
34. “Writ of Habeas Corpus”
Latin for “have you the body”
35. States cannot enter treaties or alliances
14th and 15th Amendments to Constitution
14: Due Pr0cess, Equal Protection Clauses
15:Voting Rights
36.
37. RELATIONSHIP BETWEEN
NATION AND STATES
Supremacy Clause
ArticleVI, Clause 2
“This Constitution, and the
Laws of the United States…
shall be the supreme law
of the land…”
RELATIONSHIP
BETWEEN STATES
Full Faith and Credit Clause
Privileges & Immunities Clause
“The Congress shall have power to
make all laws which shall be
necessary and proper to secure to the
citizens of each state all privileges
and immunities of citizens in the
several states...”
50. Increase in devolution to subnational units
(states)
Categorical Grants
Money given for specific purposes or categories
▪ Examples:Transportation, Health Care, Education,
Employment
Reagan and Block Grants
Money given for broad purposes
Local areas decide how to spend money
Reduced size and power of federal govt.
53. Choosing national or subnational supremacy
President
Barack Obama
Governor
Mark Sanford
54.
55.
56.
57.
58.
59.
60. Indian Gaming Regulatory Act (IGRA)
Conflict between SeminoleTribe and Florida
Amicus curiae briefs – Other States
Eleventh Amendment Rights
What is Sovereign Immunity?
61.
62. Congress did intend to deny states'
sovereign immunity under the IGRA
Do NOT have this authority
States are sovereign under 11th Amendment
63.
64. Arizona Legislature and SB 1070
Does law take away federal government’s
power to regulate immigration?
Main Provisions of SB 1070:
Unlawful Presence
UnlawfulWork Authorization
CitizenshipVerification
Warrantless Arrests
65.
66.
67. State DMV Requirements-Personal Info.
Name, Address, Phone Number, etc.
Driver's Privacy Protection Act of 1994 (DPPA)
Conflict with South Carolina law
SC Attorney General files suit