American Gov. MWF 10:00 a.m.
Outline (notes) Chapter 3
I. The Federal System
A. National Powers Under the Constitution
● Art. 1.8 enumerated powers. Implied powers of the national gov. derived from the enumerated powers and the necessary and proper clause.
● Art. IV underscores the notion that the national gov. is supreme in situations of conflict between state and national law.
B. State Power Under the Constitution
● Art. 1 states the time, places, and manner of elections. (2 senators) Art. 2 requires each state appoint elector to vote for president. Art. IV one that represents the citizens of the state.
● Tenth Amendment final part of Bill of Rights. Defines basic principles of
American federalism saying that powers not given to the national gov. are for the states or the people. Reserved powers are reserved to the states by the 10th amen. that consist of states right to legislate for the public health and welfare of citizens.
II. Local Governments Under the Constitution
● no express power. states and local gov. come from Judge Dillon who created
Dillon’s Rule in 1868. This rule stated that all local gov. whether towns, villages, cities, or countries, do not have sovereignty and must be authorized by state govs. which can create/abolish. Charter basic policies, procedures, and institutions.
● Basic administrative units of local gov. Are used for welfare, courts, environmental programs, births, deaths, and registration of land.
● city govs. created in response to emergence of relatively densely populated areas. emerge as ppl locate in particular places. San Francisco, Cali; Denver, Colorado;
Honolulu, Hawaii; and Jacksonville, Florida.
● smaller communities, (mayor and town council)
D. Special Districts
● local gov. restricted to particular functions. Such as libraries, sewage, water, and parks. Most common districts are school districts. (free education)
III. Federalism and the Marshall Court
A. Defining National Power: McCulloch v. Maryland(1819)
● 1st decision to define relationship between the national and state gov. Denied the right of a state to tax the federal bank using Constitution's supremacy laws. Paved the way for later rulings upholding expansive federal powers.
B. Affirming National Power: Gibbons v. Ogden (1824)
● Upheld power to regulate interstate commerce. Paved the way for later rulings upholding expansive federal powers. power to interstate commerce = commercial activity = commerce power had no limits except those found in the Const.
C. Limiting the Bill of Rights: Barron v. Baltimore(1833)
● due process clause of the 5th amend. did not apply to the action of states. Limited the Bill of Rights to the actions of Congress alone.
IV. Dual Federalism: States’ Rights, the Civil War, and Reconstruction
● Chief Justice Taney and the Courts = concurrent power and dual federalism.THe belief that having separate and equally powerful levels of gov. is the best arrangement aka “layercake federalism.”
A. The States Assert Their Powers: Nullification
● The right of a state to declare void a federal law. 1798 the Alien and Sedition Acts were passed by the Federalist Congress. 1828 “Tariff of Abominations” raised duties on raw materials. 18251832 VP J. Calhoun under Pres. A. Jackson said that people could hold a convention to nullify an act if they did not like it.
B. States’ Rights and the Dred Scott Decision
● Narrowed the scope of national power, while it enhanced that of the states.
Lacked the constitutional authority to bar slavery in the territories.
C. Reconstruction and the Transformation of Dual Federalism
● Civil War changed the nature of federalism. Nullification and dual federalism were destroyed with the southern states attempt at a confederacy. The relationship between state and national gov. after the civil war constructed coast to coast transport systems which