Essay about Chicken Tenders

Submitted By hhgregg2
Words: 1306
Pages: 6

Chapter 3: Federalism

1.) Roots of the Federal System and the Constitutional Allocation of Governmental Powers
U.S first country to adopt federal system
Before Constitution, U.S was a confederation
Federal system different from the unitary system in Britain
Many other nations have adopted federal system because of effectiveness

A.) National Powers Under the Constitution
Exclusive powers of government include authority to coin money, conduct foreign relations, provide fro common defense, declare war, and establish a federal court system
These are called enumerated powers and are listed in Article I, section 8 of the Constitution. Article also contains necessary and proper clause. Implied powers
Federal gov could tax as well b/c they wanted to avoid financial issues
Didn’t have national income tax until sixteenth amendment in 1913
Article VI explains that national government is supreme to national and local governments. Called supremacy clause

B.) State Powers Under the Constitution
Tenth amendment gives all powers not given to the national gov to the state govs
These powers are called the reserve or police powers
Examples include ability to legislate for the public health, safety, and the morals of their citizens

C.) Concurrent Powers Under the Constitution
Authority possessed by national and state governments (ex. – taxation)

D.) Powers Denied Under the Constitution
States cannot enter treaties, coin money, or impairing obligations of contracts.
Congress cannot favor one state over another when regulating commerce; cannot lay duties on items exported from any state
Both govs cannot take arbitrary actions affecting constitutional rights and liberties
Neither govs can pass a bill of attainder or an ex post facto law

E.) Relations Among the States
To avoid any sense of favoritism, the Constitution provides that disputes between states can be settled directly by the U.S Supreme Court
Full Faith and credit clause in Article IV, as well as privileges and immunities clause
Article I, section 10, clause 3 explains interstate compacts
More than 200 interstate compacts exist today (ex. – The Drivers License Compact)
Interstate compacts help states maintain control
F.) Relations within the States: Local Government
The Constitution gives local governments no independent standing
Local govs authorities granted by state governments

2.) Federalism and the Marshall Court

A.) McCulloch v. Maryland (1819)
First major Supreme Court decision to define the relationship between the national and state governments
In 1816, Congress chartered the Second Bank of the United States
In 1818, the Maryland state legislature levied a tax requiring all banks not chartered by Maryland to buy stamped paper from the state on which the Second Bank’s notes were to be issued, pay $15,000 a year, or go out of business
James McCulloch, the head cashier of the Baltimore branch of the Bank of U.S refused to pay the tax and Maryland brought suit against him
McCulloch lost in MD state court and appealed to Supreme Court
Court needed to answer two questions: could Congress charter a bank and could a state tax it? Establishment of bank is considered an implied power
Enumerated powers gives Congress right to levy and collect taxes
Marshall found it reasonable fro Congress to establish a bank
In answer to the second question, state tax violated the supremacy clause because ind. States cannot interfere with the operations of the national government

B.) Gibbons vs. Ogden (1824)
NY state legislature granted Robert Fulton exclusive rights to operate steamboats on the Hudson River
Congress licensed ship to sail on same waters
NY and NJ wanted to control shipping on the lower Hudson River
SCOTUS ruled that Congress’ power to regulate interstate commerce included the power to regulate commercial activity as well
Therefore NY could not grant a monopoly to a single steamboat operator

3.) Dual Federalism:…