Potential interstate problems: Article 4 of the Constitution - "Full faith and credit clause": states must honor legitimacy of others - Ex: driver's licenses are validated in other states - Privileges and immunities - You don't become an immigrant by moving states - Citizen of Georgia = Citizen of Florida - Interstate extradition - Fleeing a crime between states means you get sent back - Interstate compacts - Subject to congressional approval - Because this will increase the power/rights of a state - Still being decided through state powers, census, districting Two general stages of federalism since civil war - Dual federalism (1829-1937) - Divided based on commerce - Interstate = federal domain - Limited at the time, local commerce much more common - Intrastate = full state control - Cooperative federalism, started by New Deal (1937-1968) - Federally funded but state-administered - National Government has a bigger role because they hold the purse - Social Welfare motivated in public opinion - The 1970s have unclear federalism - Public opinion turns against feds: Recession, Vietnam, Nixon - 1980s--present shifts more power to the states - President Reagan reshapes federalism - Public opinion against big government - Block Grants replace states administering specific programs with states administering a lump sum social welfare system. - Puts blame onto state governments - Lets Reagan build up national defense as much as possible - Rehnquist Court - Commerce Clasue - Expanded definition of intrastate commerce - Reverting to dual federalism - Future - FBI and counterterrorism actually hand power back to the states - Devolution: shift power from national to states - Clarence Thomas - conservative on SC - favors state power - Believes it to protect private activity and indiv. freedom Arguments: - Geographically easy to petition government - States control day-to-day bureacracy - Federal programs can be shaped to state pops. - States innovate new individual rights (ex social programs) - You can migrate to shop around for rights - Good or bad? Unclear. - But there is a greater burden on state finances