dual federalism 1

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dual federalism 1

• tyler larson
• christian gibbons
• morgan powell
• josh wendell
• branden mackinnon
• kayla delahoussaye

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what is federalism

• Definition- theory that two different governments
  share power over a certain region or people
• Concept of balancing the scales of power between
  a large, sweeping government and a more local,
  centralized one
• Involves federal authority and state regime
• Theory works as type of check to ensure
  corruption doesnt impact either government
• Designed to create tension between two forces
• Federal government mandates certain rules that
  cover magnitude of smaller governments
• State and local authorities responsible for
  everything else
• Maintains balance of powers
• the supremacy clause keeps federalism in motion

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McCollloch V. Maryland 1819

• Facts
• Maryland (P) enacted a statute imposing a tax on
  all banks operating in Maryland not chartered by
  the state. The statute provided that all such
  banks were prohibited from issuing bank notes
  except upon stamped paper issued by the state.
  The statute set forth the fees to be paid for the
  paper and established penalties for violations.
• The Second Bank of the United States was
  established pursuant to an 1816 act of Congress.
  McCulloch (D), the cashier of the Baltimore
  branch of the Bank of the United States, issued
  bank notes without complying with the Maryland
  law. Maryland sued McCulloch for failing to pay
  the taxes due under the Maryland statute and
  McCulloch contested the constitutionality of that
  act. The state court found for Maryland and
  McCulloch appealed.

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• Issues
• Does Congress have the power under the
  Constitution to incorporate a bank, even though
  that power is not specifically enumerated within
  the Constitution?
• Does the State of Maryland have the power to tax
  an institution created by Congress pursuant to
  its powers under the Constitution?
• Holding and Rule
• Yes. Congress has power under the Constitution to
  incorporate a bank pursuant to the Necessary and
  Proper clause (Article I, section 8).
• No. The State of Maryland does not have the power
  to tax an institution created by Congress
  pursuant to its powers under the Constitution.

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Gibbons V. Ogden 1824

• Facts
• New York granted Robert R. Livingston and Robert
  Fulton the exclusive right of steam boat
  navigation on New York state waters. Livingston
  assigned to Ogden the right to navigate the
  waters between New York City and certain ports in
  New Jersey.
• Ogden (P) brought this lawsuit seeking an
  injunction to restrain Gibbons (D) from operating
  steam ships on New York waters in violation of
  his exclusive privilege. Ogden was granted the
  injunction and Gibbons appealed, asserting that
  his steamships were licensed under the Act of
  Congress entitled An act for enrolling and
  licensing ships and vessels to be employed in the
  coasting trade and fisheries, and for regulating
  the same. Gibbons asserted that the Act of
  Congress superseded the exclusive privilege
  granted by the state of New York.

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• Issues
• May a state enact legislation that regulates a
  purely internal affair regarding trade or the
  police power, or is pursuant to a power to
  regulate interstate commerce concurrent with that
  of Congress, which confers a privilege
  inconsistent with federal law?
• Do states have the power to regulate those phases
  of interstate commerce which, because of the need
  of national uniformity, demand that their
  regulation, be prescribed by a single authority?
• Does a state have the power to grant an exclusive
  right to the use of state waterways inconsistent
  with federal law?
• Holding and Rule
• No. A state may not legislation inconsistent with
  federal law which regulates a purely internal
  affair regarding trade or the police power, or is
  pursuant to a power to regulate interstate
  commerce concurrent with that of Congress.
• No. States do not have the power to regulate
  those phases of interstate commerce which,
  because of the need of national uniformity,
  demand that their regulation, be prescribed by a
  single authority.
• No. A state does not have the power to grant an
  exclusive right to the use of state navigable
  waters inconsistent with federal law.

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Dred Scott V. Sandford 1857

• Facts
• Dred Scott was a slave in Missouri. From 1833 to
  1843, he resided in Illinois (a free state) and
  in an area of the Louisiana Territory, where
  slavery was forbidden by the Missouri Compromise
  of 1820. After returning to Missouri, Scott sued
  unsuccessfully in the Missouri courts for his
  freedom, claiming that his residence in free
  territory made him a free man. Scott then brought
  a new suit in federal court. Scott's master
  maintained that no pure-blooded Negro of African
  descent and the descendant of slaves could be a
  citizen in the sense of Article III of the
  Constitution.

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• Issue
• 1. Was Dred Scott free or slave?
• Holding and Rule
• 7 votes for Sandford, 2 vote(s) againstUS Const.
  Amend. 5 Missouri Compromise
• Dred Scott was a slave. Under Articles III and
  IV, argued Taney, no one but a citizen of the
  United States could be a citizen of a state, and
  that only Congress could confer national
  citizenship. Taney reached the conclusion that no
  person descended from an American slave had ever
  been a citizen for Article III purposes. The
  Court then held the Missouri Compromise
  unconstitutional, hoping to end the slavery
  question once and for all.

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works cited

• http//negative-spring.blogspot.com/2012/03/memori
  al-sitesactiveactivist-voids.html
• http//www.dipity.com/cuongluong/Era-Of-Good-Feeli
  ngs/
• http//www.familycourtservices.org/resources-for-p
  arents/tips-to-prepare-for-court/
• http//rationalpreparedness.blogspot.com/2012/02/w
  hat-was-so-amazing-about-america.html
• O'Connor, Karen, and Larry Sabato. American
  Government Continuity and Change. New York
  Pearson Longman, 2006. Print.