Download Pecorella Ch. 2

Chapter 2
Federal-State
and
Interstate Relations
Federal-State Relations
• Cooperative Federalism
• Dual Federalism
• 10th Amendment
• Concurrent Powers
• Enumerated Powers
• Elastic Clause
• McCarran-Ferguson Act of 1945
Federal-State Relations
• 14th Amendment to the U.S. Constitution
• 15th Amendment to the U.S. Constitution
• 16th Amendment to the U.S. Constitution
• Supreme Court rules “one man, one vote.”
• Conditional federal grants in aid.
• States retain administrative latitude.
• McCulloch v. Maryland & implied powers.
Federal-State Relations
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Courts gives federal government broad powers.
The Power to regulate interstate commerce
The “silence of Congress.”
Preemptive Statutes
Contingent Statutes
Minimum Standards Preemption
U.S. Constitution reserves rather than devolves.
Partial preemption increases gubernatorial
authority. It mandates minimal standards.
Federal-State Relations
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Police power
Restriction on state powers.
Voting Rights Act of 1965
Aid for Private and Parochial Schools
Federal guarantees to the states.
Interstate flight to avoid prosecution.
Office of Federal Affairs
Constitutional Principles
Constitutional Principles
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Principles governing interstate relations:
(1) Equal Protection of the laws
(2) Full Faith and Credit
(3) Interstate Compacts & Administrative
Agreements
(4) Interstate Free Trade
(5) Interstate Rendition
(6) Interstate Controversies
(7) Privileges and Immunities
Interstate Problems
• (1) Water disputes
• (2) Cigarette taxes & interstate importation
• (3) Corporate taxes
• (4) Commuter Taxes
• (5) Gay marriage
• (6) Pollution Standards
• (7) In the past: Drinking age
Future Problems for New York
• Boyd’s estimation of New York State’s problems
as they existed before the ’08 Financial Collapse.
• (1) Contain the cost of Medicaid
• (2) Collecting taxes on retail sales with commerce
moving more to Internet sales.
• (3) As cost of warfare increases federal budget
deficit, burden of government services shifted to
state and local agencies.
• (4) State shifting costs to local governments.
• (5) How to resolve the CFE decision mandate.
The Future After ’08 Collapse
• (1) How much help will the federal government
provide to the states which are impacted
by the Financial Collapse & Recession.
• (2) All of the problems listed by Boyd still exist,
but are compounded by the impact of ’08 FC.
• (3) New York is impacted more severely than
almost any other state because of its reliance on
taxes collected on commercial transactions of
the financial marketplace of Wall Street.