UNITARY CONFEDERATE FEDERAL Why Is Federalism So Important? Decentralizes our politics More opportunities to participate Decentralizes.

FEDERALISM

WHAT IS FEDERALISM?

WHAT DO THESE TERMS MEAN?

UNITARY CONFEDERATE FEDERAL

DEFINING FEDERALISM

Why Is Federalism So Important? Decentralizes our politics

More opportunities to participate Decentralizes our policies

Federal and state governments handle different problems. States regulate drinking ages, marriage, and speed

limits. States can solve the same problem in different

ways and tend to be policy innovators.

POWERS

EXPRESSED AKA ENUMERATED (A1S8) IMPLIED (A1S8) INHERENT (NATURAL RIGHT) RESERVED (10TH A) CONCURRENT (STATE & NAT’L) PROHIBITED (DENIED)

CLAUSES

SUPREMACY (A6) NECESSARY AND PROPER (ELASTIC) (A1) FULL FAITH AND CREDIT (A4) PRIVILIGES AND IMMUNITIES (A4) EXTRADITION INTERSTATE COMPACTS

McCULLOCH v MARYLAND

Congress chartered the Second Nat’l Bank of the US in 1816.

In 1818, the Maryland legislature passed a law imposing a tax on the operation of the Baltimore branch of the bank.

James McCulloch, cashier of the Baltimore branch, refused to pay the tax.

When the Maryland state courts ruled against him, McCulloch appealed to the USSC.

CONSTITUTIONAL QUESTIONS

Does the Constitution permit Congress to charter a bank?

Does a state have a constitutional right to tax an agency of the United States government?

THE COURT’S DECISION

Led by CJ Marshall, the Supreme Court ruled that creating a national bank was within the implied powers of Congress. Marshall acknowledged that the word “bank” is not in the Constitution. However, the Constitution does specifically grant Congress the power to impose taxes, issue a currency, and borrow money. Although the Constitution does not specifically enumerate (express) creating a bank, it does grant Congress the power to “make all laws necessary and proper for carrying into execution the foregoing powers.

THE COURT’S DECISION

Congress may thus reasonably decide that chartering a national bank is a “necessary and proper” way to carry out its expressed powers.

SIGNIFICANCE OF CASE

McCulloch v Maryland confirmed the right of Congress to utilize implied powers to carry out its expressed powers. Federal programs to build interstate highways, regulate labor-management relations, and inspect food and drugs are all justified as implied powers of Congress.

The decision validated the supremacy of the national government over the states by declaring that states cannot interfere with or tax the legitimate activities of the federal government.

YOU DECIDE

Did the USSC make to broad an interpretation of the implied powers of government in ruling in McCulloch v Maryland? Yes/No and Why/Why not.