Notes Sept 10 2013 Federalism relationship between national government and the states Article 4 Section 1 Full faith and credit shall be given to each state to the public acts records and judicial proceedings of every other state And the Congress may by general laws prescribe the manner in which such acts records and proceedings shall be proved and the effect thereof If you re married out of state and come to GA GA will say we don t recognize that marriage Does this violate this section of article 4 Nation must give same sex couples same federal benefits but states don t have to give same state benefits heterosexual couples get in that state Section 2 The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states Don t lose these rights and liberties just by leaving the state Section 4 The United States shall guarantee to every state in this union a republican form of government Democracy is ideal we have a republic form of gov t in every state We choose our representatives Many different forms of republican gov t indirect democracy Don t need separation of powers or a bicameral legislature however every state does Supremacy Clause The US Constitution and laws that are made to put it into effect are the supreme law of the land If any state in their laws or judicial decisions says something that contradicts the US constitution the US constitution is supreme and trumps everything else There are certain powers that belong to the state only and the national government only 10th amendment powers not delegated but aren t prohibited to the states are reserved to the state respectively or to the people reserved powers 14th amendment section 1 all persons born or naturalized are citizen of the US and the state they live in dual citizenship this is what the constitution says Case of McCullouch vs Maryland 1819 1816 congress chartered a national gov t bank and set up offices in each state Several states didn t Maryland GA and others like it and didn t think they had the power to set it up states said they would tax the bank in Maryland a tax collector came to the national bank and asked them for the tax money they refused supreme court had to answer two questions does congress have authority to charter a bank Constitution says nothing about this power and if they do do states have the power to tax that bank Court unanimous on both questions 1 Court said that congress has the power to do whatever is necessary and proper to put these laws into effect yes they have the power to establish the bank implied by the necessary and proper clause implied powers AND 2 Court said the power to tax is the power to destroy states cannot destroy thus cannot tax a creation of the national government sets a limit on the states and establishes congress has implied powers thru the necessary and proper clause 1833 Barren vs Baltimore barren owned land and Baltimore wanted to build gov t building where Barren lived and told Barren they were going to take his land Barren said that s unconstitutional Supreme Court said that Baltimore is right it is correct that no unreasonable search and seizure laws can be made by Congress so this law doesn t apply to the states that s a problem because then the states don t have to follow the Bill of Rights 14 th amendment says no state can do that instead of Congress Selective incorporation bit by bit the Bill of rights is incorporated through the 14 th amendment to apply to the states Giddian vs Wainwright 1963 Clarence Gidian in Florida was poor and uneducated and had been in trouble with the law on many occasions in prison he read the constitution when he got out someone broke into a pool hall when the cops showed up they thought it was Giddian he went to trial and said to the judge that he couldn t afford a lawyer he knows by his rights that he has a right to a lawyer the judge said that the Bill of Rights doesn t apply to the states so he had to defend himself Giddian found guilty appealed to supreme court Supreme Court said that b c of the 14th amendment that states must follow bill of rights due process Giddian didn t get due process new trial he was given a lawyer and found not guilty now everyone who can t afford a lawyer will now be appointed one Every state has a constitution that says how govt will be structured and states the rights GA 1983 has the newest Constitution IN GA it s pretty easy to amend the constitution in 1983 there were thousands and some contradicted themselves so it was rewritten and is 3 times as long as the US Constitution Wisdom legislative Justice judicial and Moderation executive Structure of GA constitutional govt Legislative Have bicameral legislative 180 House 56 Senate elected to 2 year term and no term limit Representation is based on population Executive Plural executive all elected separately governor lieutenant governor secretary of state commissioner of agriculture commissioner of labor etc don t have to be of same party GA Governor has a power the president doesn t have line item veto mainly for spending o Legislature gives governor bill on what to spend money on governor says good except for the one line I cross that line out and veto that line Two 4 year terms Judicial GA judges are elected in nonpartisan elections won t list their parties GA constitution specifies that the courts have judicial review Rights and Liberties GA is a mix of tradition and change Until the 1960s GA was a one party democratic state 98 democrats won GA is considered a red republican state both House Senate and Governor o Republicans only got 52 Still it is a 2 party state Civil liberties states can give more rights than the US constitution but not less GA guarantees due process protection from cruel and unusual punishment and specifies was the 1st state 1904 to recognize privacy freedom of belief speech press Differences between state and US gov ts Amendment process difficult in US 2 3 of senate and house of states vs state legislature makes amendments and voters have direct role of amendment choices through election National you need a plurality of the vote to win can be less than 50 but you must be 1 st vs States if no one gets majority then there s a second election a few weeks later between only the top two Budgets State balance budget is not allowed to spend more than it takes in vs National allowed to spend over more than they take in National spend most money on defense and social security vs State