6.6 Activity Guide: Federalism in the Constitution

For this assignment, look at the section of the constitution, the topic of that section, and then create a summary if one has not been created for you.

• Article I, Sections 1 and 3
  • Topic: the original Senate
  • Summary: Limiting Congress’s power to “[a]ll legislative Powers herein granted.” We could even add that one to provisions limiting the powers of Congress—as some scholars would say that this provision reinforces the idea that Congress is a body with limited powers.
  • Topic: elections and the states
  • Summary: The state’s ability to decide on "time, manner, place" for elections, key part of federalism, and voting rights —“Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”
  • Topic: Powers of Congress, including the Commerce Clause and the Necessary and Proper Clause
  • Topic: Limits on the federal government, such ashabeas corpus suspension clause, ex post facto/bill of attainders, slave trade could not be banned until 1808
  • Topic: Limits on the powers of the states
  • Topic: The Courts to intervene in disputes between states, citizens, and the general government
  • Topic: Sections I, II, III, IV- I: Full Faith and Credit (Saenz v. Roe); II: Privilege and Immunities and Fugitive Slave Clause (Prigg Case); III: New States-Can the Fed. Gov buy them? (Jefferson) ; IV: It’s a Republic, and you must be, too. The “we-got your-back” clause.
  • Summary: Article IV establishes that the states will give “full faith and credit” to the laws of other states. For example, if a citizen gets legally married in one state, he is still married if he moves to another state. Likewise, if a citizen commits a crime in one state, she cannot escape to another state and evade justice. States also can’t discriminate against citizens of other states if they move; any U.S. citizen who moves to a state is entitled to the same “privileges and immunities” of citizenship in that state as someone born there. Article IV also promises states the protection of the federal government. It does this by promising to defend states against invasion, guaranteeing them a republican form of government, and barring the federal government from splitting up a state without the consent of its legislature and Congress. It also establishes Congress’s power to admit new states and its power over federal territories.
  • Topic: Amendment process
  • Summary: Article V describes the process of amending the Constitution, which requires the ratification of three-quarters of the states. This provision of the Constitution demonstrates the importance of the states in approving the workings of the U.S. government. It does establish a role for the states in the amendment process. But at least some scholars (and founders) would say that the amendment process is rooted in popular sovereignty, not federalism.
  • Topic: Supremacy Clause
  • Supremacy: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
  • Topic: Limiting the powers of the federal government
  • Topic: Powers reserved to the state or people
  • Topic: Enforcement Clauses (expansion of congressional powers over the states)
  • Summary: These amendments alter the original federalism structure of the Constitution. (Popular election of senators removes state legislature control over appointment of senators, direct income taxation power increases control of federal government over economy and citizens against traditional state taxing power)