U.S. Federalism and Constitutional Powers Part 2

Extradition-The federal government must prevent the states from subdividing or combining to form new states without congressional consent. Extradition is a legal process in which a fugitive from justice in a state is returned to that state from another. For example, if two friends committed a murder in Alabama and then drove to Georgia. Alabama would put out a warrant for their arrest to notify Georgia that the suspects could possibly be there. The two friends get pulled over for drinking and driving. Georgia has the right to arrest them and then notifies Alabama. The two friends are then brought back to Alabama for prosecution.

Privileges and Immunities-Article IV, Section 2, Clause 1 States must extend to citizens of other states the same rights and privileges that are afforded to their own citizens. For example, the states may not refuse police protection or access to their courts to a US citizen just because that person lives in another state.

"Necessary and proper" clause -The "Necessary and proper' clause is a section of the Constitution allowing congress to pass all laws "necessary and proper" to its duties, and which has permitted Congress to exercise powers not specifically given to it by the constitution. For example, this clause came along from McCulloch V. Maryland in 1819. While John Marshall was leading the supreme court, James McCulloch, the cashier of the Baltimore branch of the Bank of the United States which was created by congress, refused to pay a tax levied on the bank. The word bank is not directly listed in the constitution but things like "lay and collect taxes," "issue a currency," and "borrow funds" is listed. Therefore, Johns Marshall's words were "Necessary and proper." The Supreme court said that the National Bank is legal because of the Necessary and Proper Clause. Since it is legal, the tax is a violation of the principle of National Supremacy.

10th Amendment-The tenth amendment says that, "the powers not delegated to the United Staes by the Constitution, nor prohibited by it to the states are reserved to the states respectively, or to the people." The 10th amendment allows for the balance between federal and states. The federal government only has powers specifically granted in the constitution. For example, the power to declare war, collect taxes, and regulate interstate business. Any power not directly listed is given to the states. For example, marriage, divorce, adoption, driving age, liquor control, and law enforcement.

Categorical Grants-Categorical Grants are federal grants for specific purposes. Grants can only be used for the purposes stated in the legislation.For example, grants are used to build an airport, a college dormitory, or to make welfare payments to low-income mothers. Categorical grants usually require that the state or locality put up money to "match" some part of the federal grant. Categorical Grants are preferred by Democrats because of the "strings attached" to the grant.

Horizontal Federalism-Horizontal Federalism means the obligations of the states to each other. For example, the governors of Georgia, North Carolina, and Tennessee in 2001 signed the Southern Air Principles which directed their states' environmental agencies to work together to develop a plan to address air pollution problems in the southern Appalachian Mountains.