Division of Power
Framers favored a stronger national govt but made states vital components.


-Equal representation in the Senate
-Responsible both state and national elections
-Gaurenteed continuation of each state (no chopping up states)

National Government

Protect states against violence and invasions
Supremacy Clause
Supreme Law of the land:
1. The Constitution
2. Treaties
3. Laws of national govt
Tenth Amendment
Set boundaries of the national govt powers
States usually lose in challenging the Federal government
Federal Courts can order states to obey the Constitution or federal laws and treaties.
McCulloch v Maryland
Created national bank, Maryland tried to tax it, saying power to create bank not in Constitution.
SC ruled of supremecy of national govt, and that Congress had certain implied powers in addition to enumerated powers. Necessary and Proper Clause.
Gibbons v. Ogden (commerce)
Established broad interpretation of commerce power.

New York wanted to build a waterway between NY and NJ, but Chief Justice Marshall ruled that Congress had power to control any sort of commercial activity occurring between states. Widely expanded Congress powers.

Restricting commerce power of national govt
US v. Lopez (No guns in school), US v. Morrison (beating women), Gonzales v. Raich (medical marijuana)
Civil War
Struggle between state and national govt. Winning asserted national government over the states' claim of sovereignty.
Integration of all-White School
George Wallace resisted, yet federal government enacted policies to end segregation.
Full Faith and Credit
All states give full faith and credit to the public acts, records, and civil judicial proceedings of every other state.
Criminal offender is surrendered by one state to officials of the state in which the crime is alleged to have been committed.
Privileges and Immunities
Accords citizens of each state most of the privileges of citizens of other states.
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