Federalism Round Up Due Tuesday Oct 26th

Expressed Powers
This power is delegated to the National Government. In 18 clauses, the constitution expressly gives 27 powers to congress.  These powers include to act as commander in chief of the armed forces, to grant reprieves and pardons, to make treaties, and to appoint major federal officials.

The Supreme Court and Federalism
This court was first called to settle a clash between a national and a State law in 1819. The case, McCullock vs. Maryland, involved the controversial Second Bank of the United States.  James McCulloch, the branch cashier, refused to pay the tax, and the Maryland courts convicted him for that refusal.

The Nation's Obligations to the States
The Constitution requires the National Government to "guarantee to every State this Union a Republican Form of Government."  The Constitution doesn't define "Republican Form of Government," and the supreme court has regularly refused to do so.  The Supreme Court has held that the question of whether a State has a republican form of government is a political question.  That is, it is one to be decided by the political branches of the government- the President and Congress- and not by the courts.

Admitting New States
Only Congress has the power to admit new states to the union.  Congress has admitted 37 states since the original 13 formed the union, as the map on the next page shows.  Before finally admitting a new State, Congress has often set certain conditions.  For example, in 1896, Utah was admitted on condition that its constitution outlaw polygamy, the practice of having more than one spouse at a time.

Interstate Compacts
No State can enter into any treaty, alliance, or confederation.  By 1920, the states had made only 26 compacts.  More than 200 compacts are not in force, and many involve several States.  Other agreements cover a widening rang of subjects.  They include, compacts designed to coordinate the development and conservation of wildlife.

Privileges and Immunities
This clause, known as the Privileges and Immunities Clause, means that no State can draw unreasonable distinctions between its own residents.  Each state must recognize the right of any American to travel in or become a resident of that State.  At the same time, a State cannot do such things as try to relieve its unemployment problems by requiring employers to give a hiring preference to in-State residents.