FEDERALISM NOTES

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FEDERALISM NOTES Definition powers of
government are divided between a central
government and several regional govts
I. National Powers
not expressly stated, but reasonably suggested
belong to national government because it is
sovereign
immigration, acquire territory, diplomatic
recog., protect ag. rebellion or
overthrow
Necessary and proper Cong. power elastic
clause
specifically written in the Constitution
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II. State Powers
Reserved Powers
powers not granted to the national government,
but not denied to the states (implied by the 10th
Amendment) ex age to drink, drive, etc.
Minimum age for serving alcoholic beverages
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III. Concurrent Powers or Shared Powers For
example, both national and state governments
can Levy and collect taxes Define crimes/set
punishments
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McCulloch vs. Maryland

• In this case, the state of Maryland attempted to
  impede operation of a branch of the Second Bank
  of the United States by imposing a tax on all
  notes of banks not chartered in Maryland. (the
  2nd Bank of US was the only non-chartered bank)

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McCulloch vs. Maryland

• The bank officer (McCulloch) refused to pay the
  tax, and the state of Maryland sued the Federal
  government. (Question Can Congress create a
  bank? Its not in the Constitution)
• Answer Yes - The Supreme Court invoked the
  doctrine of implied powers which allowed the
  Congress to pass laws and exercise powers not
  specifically written in the Constitution
  -expressed powers

Okay, well sue you then!!!
Im not payin no tax imposed by a stinkin
state!!
James McCulloch
State of Maryland
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McCulloch vs. Maryland

• The State of Maryland lost
• The fundamental case established the following
  two principles
• the Constitution grants to Congress implied
  powers
• A state may not pass a law that challenges the
  Federal government. (Supremacy Clause)
• The opinion was written by
• Justice John Marshall

The Constitution is the Supreme law of the land,
any questions?