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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
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