Understanding Federalism

Understanding Federalism

What should happen?

Multiple Choice

The boundary waters in northern MN are a popular fishing vacation for many Minnesotans. Canada has been concerned about the number of people using the waters and wants to limit fishing.

The governor of MN and the Prime Minister of Canada sign a treaty in regards to fishing rights.

Should this treaty

be allowed? Why or why not?

• No, it is an expressed power

• Yes, it is a reserved power

Multiple Choice

The representative and senators of MN are denied seats in the US Congress because MN refused to recognize the 19th amendment in which women are given the right to vote.

Can MN refuse to follow the 19th amendment?

• Yes, Voting laws are reserved powers

• No, because of the supremacy clause

Multiple Choice

A strike of workers at a Hormel Plant in Austin, MN during the 1980’s began to result in violent acts by the striking workers.

Can the National Guard was sent in to resolve the violence?

• Yes, both the governor and presidents can activate the guard

• Only the governor can activate the guard

• Only the president can activate the guard

• The National Guard can not be used for this purpose

Multiple Choice

Congress decided a more natural border between Wisconsin and Michigan would be Lake Michigan. It, therefore, gave the Upper Peninsula of Michigan to the state of Wisconsin.

Is Congress allowed to make this border change? Explain.

• Yes, the National government can change ANY boundaries

• No, once a state there is Territorial Integrity and can not change w/o states approval

Multiple Choice

Before a new area (territory) was to be admitted to as a state, the Congress stated they must raise their legal age of marriage from 13 to 16. The territory agreed and then was admitted to the union. Once accepted, they amended their constitution to state 13 year olds could legally marry.

Can Congress make a request such as this before being allowed to become a state and can a state change it back once a state?

• Yes, Congress can make the request. Before it is a state the area MUST follow federal law almost COMPLETELY and the National government can prohibit changes in state constitutions

• No, Congress has no authority in a territory

• Yes, Congress does have right to request when a territory but no, states have sole power over changing their state constitutions.

• No can not make the request to change before a state and therefore can not force change in a state constitution

Multiple Choice

Several pilots of NW Airlines have been accused of state income tax evasion in Minnesota. They are ordered to pay 5 years of back taxes, plus fines. They argue that they live in the state of Nevada in which there are no state income taxes. Each of the pilots is based out of the Twin Cities. Their flights start and end in MN. They own homes in each state, but their families live in the house in MN.

Should they have to pay MN state income tax?

• No, they claim residence in Nevada with voter registration AND driver's license

• Yes, they might register to vote & have Nevada driver's license but they "live" in MN for more than half the year and are therefore residents

Multiple Choice

You are the governor of Florida, and the governor of Virginia has requested extradition of a parent and child residing in Florida. That parent was not awarded custody in the recent divorce, and moved to your state in an attempt to retain custody.

You have reason to believe the court case was not fair. What should you do and why?

• Full Faith and Credit: honor the court case and send back

• Keep the child, a governor can refuse to honor full faith and credits rules

Multiple Choice

Two teenagers wish to get married. In their state the legal age of marriage is 18. They decide to go to a state where the age is only 13. They go and get married and return to their state.

Is this a legal marriage? Why or why not?

• No, they are underage so full faith and credit rule not apply

• Yes, if legal court document then full faith and credit rule applies and they are married no matter where they go

Multiple Choice

Sam lived on a farm in North Dakota with his family. In order to help on the farm, North Dakota has a lower age requirement for a driver’s license. Sam, age 14, has legally obtained his North Dakota drivers license. Due to bad crops, their family needs to sell the farm. They family moves to MN.

Should the state of MN recognize Sam’s driver’s license as valid? Why or why not?

• No, your request for a new license in MN must follow our state laws so full faith and credit does not apply

• Yes, if legal in ND then full faith and credit applies and must be allowed to exchange to MN license based on those transfer rules

Multiple Choice

Sara has been accused of robbing the 7-eleven in St. Paul, MN. She is on the run from the police. She is finally caught in Hudson, WI.

Should the state of WI send Sara back to MN to face the charges? Explain

• No, WI can charge her in their state for robbery and can "keep" her

• Yes, the alleged crime was in MN so they should extradite back to MN for charges

Multiple Choice

Several deer hunters in WI are upset by the cost of a hunting license in MN. They are required to pay twice as much for their license then a MN hunter. They protest against the fees.

As a lawmaker in MN, what is your response to the protest? How can you justify the higher price?

• This is allowed because under privileges and immunities clause, states are allowed to treat residents of other states different and therefore have different laws that apply to them

• The privileges and immunity clause does not allow discrimination against other state residents, however, in this case this is considered "non-discriminatory" since MN residents pay partially for environmental management costs in our income tax so we are allowed to have higher fees for hunting in MN for non-residents

• The privileges and immunity clause states we can not discriminate against other state residents so this is therefore, not allowed

Multiple Choice

A resident of Montana is passing through our state. He is pulled over by a MN state trooper for traveling 100 mph; well over the MN speed limit. He tells the trooper that he is not a resident of MN and in Montana there is no speed limit. He claims he can therefore drive as fast as he likes.

Should the trooper still issue the ticket? Why or why not?

• Yes, everyone must follow the laws of the state they are in regardless of their state of residence

• No, there is state immunity. If you are from a different state you can not be held accountable in another state for violation of minor crimes

Multiple Choice

Minnesota, like many states, requires out state residents to pay more to attend a MN state university. They have decided to enter into an agreement with WI regarding college tuition. Each state has agreed to allow the residents of their states pay in-state tuition at their colleges.

First, can a state charge more for out state residents?

• This is allowed because under privileges and immunities clause, states are allowed to treat residents of other states different and therefore have different laws that apply to them

• The privileges and immunity clause does not allow discrimination against other state residents, however, in this case this is considered "non-discriminatory" since MN residents pay partially for higher education in our income tax so we are allowed to have higher outstate tuition

• The privileges and immunity clause states we can not discriminate against other state residents so this is therefore, not allowed

Multiple Choice

Minnesota, like many states, requires out state residents to pay more to attend a MN state university. They have decided to enter into an agreement with WI regarding college tuition. Each state has agreed to allow the residents of their states pay in-state tuition at their colleges.

Can MN and WI have a "deal" on in-state tuition at their universities?

• Yes, this is known as an interstate compact

• No, states can not enter any agreement between themselves without federal approval

• Yes, both only with the approval of the federal government

Multiple Choice

A resident of Texas has been accused of several murders. He flees Texas, but is finally captured in MN. The state of Texas has requested extradition of the prisoner to face his charges. The governor of MN knows that the man could face the death penalty in Texas. He is against such a form of punishment and refuses to turn him over to Texas.

Can the governor make such a request?

• No, extradition MUST happen regardless of the reason

• Yes, a governor has the right to refuse extradition based on certain "rules"

Multiple Choice

A doctor in New York has recently moved to Seattle, Washington. He would like to start his own practice in his new town.

Can he open this new doctor’s office? Explain

• Yes, as long as he gets a state license in Washington

• Yes, a license in one state is a license in all states

• No, once licensed in one state they can ONLY practice medicine in that state