What happens when the federal government and a state(s) disagree?

What did we learn from these cases?

McCulloch v. Maryland (1819)

Gibbons v. Ogden (1824)

Dred Scot v. Sandford (1856)

Federal law is supreme.

Federal law is supreme.

State law can supercede.

You be the judge: Master K.K.K.

On his newly released album Aryan Nation, white supremacist rap artist Master KKK includes a track entitled The only good one is a dead one. The lyrics of this song implicitly encourage physical violence against African Americans. In another track, Why didn’t Hitler invade Africa, Master KKK advocates the genocide of the African race. Concerned citizens and state officials in Illinois decide the album is too violent, extremely offensive and ban the sale of it within state boundaries. Master KKK sues claiming his 1st amendment rights have been violated. If you are the judge in the case, how will you side?

You be the judge: BUSTED!!!

In an effort to curb teenage violence and crime, the State of Illinois creates a statewide curfew of 12:00 a.m. for anyone under the age of 18 on Fridays and Saturdays. The city of Bloomington takes this one step further by adding a mandatory search of any vehicle the curfew violator is riding in. Kennedy Folse, A Bloomington teen, is ticketed for curfew violation and then arrested after the search uncovers several bags of marijuana in the trunk. She files suit claming the curfew is a violation of her 1st amendment rights and the search a violation of her 4th amendment rights.

The Supremacy Clause - Article IV

“This Constitution . . . shall be the supreme Law of the Land”

Ladder of Laws

1. Constitution2. Federal Laws and Treaties3. State Constitutions4. State Laws5. Local Laws

*Not absolute. Execeptions can be granted for local interests.

What if the conflict is between two states?

The state of Texas grants driving permits to 14 year olds who are currently enrolled in a driver’s education course. This permit grants them unlimited driving privileges as long as a licensed driver over the age of 21 accompanies them. Texas also has a law allowing for alcohol consumption within a moving vehicle, as long as it is not being consumed by the driver. Billy Bob Thorton, age 14, and his father Jimmy Ray travel across the state line to Oklahoma where they are pulled over by state troopers. It seems Billy Bob was weaving back and forth across the center line while driving down the interstate. Due to this suspicious driving behavior, police search the passenger compartment of the vehicle and find an open, half empty fifth of Wild Turkey. Breathalyzer tests prove that while Jimmy Ray was “three sheets to the wind” (.20), Billy Bob had not had a drink. Oklahoma law forbids open containers of alcohol in the passenger compartment, and does not grant driving permits till age 15. So, Jimmy Ray is ticketed for illegal transportation of alcohol, and Billy Bob for underage and reckless driving. The Thorton’s challenge the tickets and claim that the search of the vehicle was illegal so the evidence of alcohol cannot be used. If you were the judge, how would you decide the case?The four charges are:

Under-aged driving Illegal transportation of alcohol Reckless driving Illegal Search

Interstate Relations

Interstate compacts—agreements among themselves and/or with foreign states to solve common problems. (Example: conservation)

Full Faith and Credit Clause - The Constitution ensures that States recognize the laws and, documents, and court proceedings of the other States. There are two exceptions to the clause though:

(1) One State cannot enforce another State’s criminal laws. And, (2) Full faith and credit need not be given to certain divorces granted by

one State to residents of another State.

Extradition - The legal process by which a fugitive from justice in one State is returned to that State.

Privileges and Immunities Clause - No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.

Federal Obligations to States

Republican Form of GovernmentThe Constitution requires the National Government

to “guarantee to every State in this Union a Republican Form of Government.”

Invasion and Internal DisorderThe National Government is also required to

provide defense of the States from foreign invasion, and aid in protecting against “domestic Violence” in the States.

Respect for Territorial IntegrityThe National Government is constitutionally bound

to respect the territorial integrity of each of the States.

Cooperative Federalism

Grants-in-aid programs are grants of federal money or other resources to the States and/or their cities, counties, and other local units.

Categorical grants are made for some specific, closely defined purpose, such as school lunch programs or the construction of airports or water treatment plants. There are usually conditions, or “strings,” attached to regulate the use of these funds.

Draw a couple conclusions about grant programs.

Federalism Problems

Preemption When the national government overrides, or preempts state action in certain areas. (Example: No Child Left Behind)

Unfunded Mandate Requirements placed on states by the federal government, but not funded, generally contributing to the financial detriment of states. (Example: No Child Left Behind)

Billy Bob and Jimmy Ray (answers)

Under-aged driving – Ticket thrown out. “Full faith and credit,” the driver’s permit from one state is good in another.

Illegal transportation – Ticket upheld. When in a new state, you must follow their laws. “Full faith and credit” does not apply.

Reckless driving – Ticket upheld. If you are weaving, you get ticketed.

Illegal search – Suit dropped. Weaving gave the police officer probable cause for the search.