American Democracy in Context. Joseph A. Pika

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СКАЧАТЬ having the highest rate of all ($4.50 per pack).¹² Thus, the cost of cigarettes—and gasoline and alcohol and many other goods and services—can vary considerably from state to state and even from county to county and city to city, since both can also impose taxes. For example, the tax rate on cigarettes in Illinois in 2019 was $2.98, but Cook County added another $3.00 tax, and the city of Chicago (which is in Cook County) added another $1.18, making Chicago the most expensive city in the country to buy cigarettes ($7.16 in state, county, and city taxes alone).¹³

      Other concurrent powers include the ability to establish courts, borrow money, and charter banks and corporations. Once again, however, the precise line between exclusive powers and concurrent powers can change over time, largely because of changing interpretations of constitutional language by the Supreme Court.

      Prohibited Powers

      In addition to granting powers to the national government and the states, the Constitution also prohibits certain specific powers. Article I, Section 9 of the Constitution lists powers denied to Congress. For example, Congress is prohibited from passing a bill of attainder (a law declaring a person or group of persons guilty of a crime without a trial) or an ex post facto law (a law that makes an act a criminal offense retroactively, even though the act was not a crime when it was committed). Among other things, Congress is also prohibited from granting titles of nobility and from favoring one state over another when exercising its authority to regulate interstate commerce.

      concurrent powers Powers shared by the national government and the states (both, for example, have the power to tax).

      Article I, Section 10 of the Constitution lists powers denied to the states. States, for example, are prohibited from entering into treaties, coining money, altering obligations of contracts, or issuing letters of marquee and reprisal (warrants authorizing what would otherwise be an act of piracy: the attack and capture of a ship). And, similar to Congress, states are prohibited from passing bills of attainder, ex post facto laws, and titles of nobility.

      Relationships Among the States

      States, of course, have to get along with each other. Bitter rivalries had existed among the states during the Articles of Confederation as they jostled for economic advantage. Mindful of this, the framers of the Constitution took effort to include provisions for states to resolve disputes and to assure that states recognize each other’s contracts and judicial decrees. Article IV contains three clauses that focus on relationships among the states.

      First, the full faith and credit clause requires each state to give “full Faith and Credit … to the public Acts, Records, and judicial Proceedings of every other State.” As the Supreme Court has explained, each state existed under the Articles of Confederation as an “independent foreign entity” that was “free to ignore obligations created under the laws or by the judicial proceedings” of other states. The full faith and credit clause meant to change that by making states “integral parts of a single nation.”¹⁴ In particular, the clause ensures that things such as contracts and judicial decrees from one state are recognized and honored in every other state (thus preventing a contract made in one state from becoming void after crossing state lines). A primary purpose of the clause was to protect commerce and trade, since interstate business transactions depend upon enforceable contracts. Recently, however, some gun rights advocates have suggested that Congress use the full faith and credit clause to mandate “concealed-carry reciprocity.” Such reciprocity would allow the resident of a state that allows the carrying of concealed weapons to obtain “non-resident” permits to carry them when they travel—even in states that prohibit their own residents from carrying concealed weapons.¹⁵

      full faith and credit clause The requirement of Article IV, Section 1 of the Constitution that requires states to recognize “the public Acts, Records, and judicial Proceedings of every other state.”

      privileges and immunities clause A provision of Article IV, Section 2 of the Constitution that forbids a state from denying citizens of other states the rights it confers upon its own citizens.

      extradition clause A provision of Article IV, Section 2 of the Constitution that requires states to return (extradite), upon request, a fugitive who has fled the law to the state that has jurisdiction over the crime.

      interstate compacts Contracts between two or more states that create an agreement on a particular policy issue.

      Second, the privileges and immunities clause forbids a state from denying citizens of other states the rights it confers on its own citizens. Thus, a citizen of one state cannot be precluded from traveling through or residing in other states or, while there, be prohibited from purchasing property or denied the protection of the law.

      Third, the extradition clause deals with someone who is charged with a crime in one state but flees justice. If that person is found in another state, the extradition clause requires that state to return (extradite), upon request, that person to the state where the crime was committed.

      In addition, Article I allows states, with the consent of Congress, to enter into interstate compacts. Interstate compacts are contracts between two or more states that create an agreement on a particular policy issue. Rarely used before the twentieth century, interstate compacts have become common since World War II. Over 200 such compacts are currently in operation, most of which have been created in the past 75 years. In general, there are three broad types of interstate contracts:

       border compacts, which establish or alter the boundaries of states;

       advisory compacts, which create a commission to study a problem and then issue a report offering advice to the respective states; and

       regulatory compacts, which establish an administrative agency to develop rules and regulations governing a particular issue.16

      Interstate compacts cover a broad range of policy issues, including conservation, resource management, transportation, education, mental health, civil defense, and emergency management. A famous example of a regulatory compact is the Port Authority of New York and New Jersey, created in 1921 to build, maintain, and operate bridges and tunnels between the two states. Over the next two decades, the Port Authority built, among others, the George Washington Bridge, the Goethals Bridge, the Holland Tunnel, and the Lincoln Tunnel. The Port Authority was also charged with building terminals, piers, airports, and even the World Trade Center in Manhattan—all designed to improve commerce and trade.¹⁷

      The Bayonne Bridge, which connects Bayonne, New Jersey, with Staten Island, New York, is operated by the Port Authority of New York and New Jersey, an example of an interstate compact.

      Bill Wright / The LIFE Images Collection / Getty Images

      Finally, Article III, Section 2 of the Constitution gives the Supreme Court the authority to resolve disputes among states, such as those involving water rights. Such disputes are among the few types of cases that can actually be initiated before the Supreme Court under its original jurisdiction (see Chapter 14) rather than coming to the Supreme Court on appeal.

      Competing Interpretations of Federalism

      As we have СКАЧАТЬ