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Federalism mastery product
1. Federalism Mastery Product
3.1 Trace the roots of the federal system and the Constitution’s allocation of
governmental powers
-Federal System: System of government where the national government and state
governments share power and derive authority from the people
-Federal and state governments started as equals.
-Each government had its own powers specified in the Constitution.
-Government could be described as a “layer cake” where the powers and duties of
government do not mix.
-National Powers under Constitution:
• coin money
• conduct foreign relations Enumerated Powers
• provide for army and navy
• declare war
• elastic clause:
Authority for Congress
to enact any laws
necessary and proper
to carry out
enumerated powers
• Supremacy clause:
Laws of the
Constitution are
supreme
-State powers under the
Constitution:
• Tenth Amendment:
Defines basic
principles of American
Federalism in stating
that the powers not
delegated to the
national government are reserved to the states or the people
-police powers: reserved to the states by the 10th amendment that lie at the
foundation of a state’s right to legislature for the public health and welfare of its
citizens
-gave states an increased amount of power
• Full faith and credit clause- ensures judicial decrees and contract made in
one state will be binding and enforceable in any other state
-allowed states to deal with their own business without having to go through
federal government
-increased power of the states
-Powers shared by the National and State governments
• Concurrent powers- powers shared by the national government and the state
governments
2. -right to borrow money
-establish courts
-charter banks
-spend money for general welfare
• Equalized the powers of the federal and state governments
3.2 Determine the impact of the Marshall Court on Federalism
The Marshall Court impacted federalism by increasing the power of the federal
government and decreasing the power of the states. John Marshall, the chief justice
of the court, helped to establish the role and function of the Supreme Court through
judicial review. There were three court cases in the Marshall era that had a great
effect on federalism in America.
-McCulloch vs. Maryland 1819
• Congress chartered second
bank of the USA
• Maryland levied a tax
requiring all banks not
chartered by Maryland to
either:
-pay the state $15,000 a year
or
-go out of business
• McCulloch, the head cashier
at the Baltimore branch of the
U.S. Bank, refused to pay the tax
• Maryland brought a suit against McCulloch for not paying the tax
• McCulloch appealed the case to the supreme court
• Marshall ruled that: Congress had the right to charter a federal bank and
Maryland had no right to tax the U.S. bank due to the supremacy
clause(Laws of the Constitution are supreme)
• Case increased the power of the federal government through the supremacy
clause
-Gibbons Vs. Ogden
• New York state legislature granted a monopoly to Robert Fulton to operate
sailboats on the Hudson River exclusively
• Congress licensed a ship to sail on the Hudson river, violating this monopoly
• New York and New Jersey both wanted to control shipping on the lower
Hudson
• Case asked the question: What was the scope of Congress’ authority under
the commerce clause?
• Supreme Court ruled: Congress’ power to regulate interstate commerce
included the power to control commercial activity and that this power had no
limit at less specified in the Constitution
-New York had no constitutional authority to allow a monopoly to any single
steamboat operator because the act would interfere with interstate commerce
controlled by Congress and thus the Federal Government
3. Case increased power of federal government by giving Congress a greater
spectrum of authority over interstate commerce
-Marbury vs. Madison
• William Marbury was appointed as a
justice of the peace to the D.O.C in the
last hours of Adam’s presidency
• Because Marbury was a Federalist, the
Federalist Senate quickly confirmed his
appointment
• Marbury was not given a commission by
the Adam’s administration due to a mix
up by the secretary of state
• When Thomas Jefferson took office, he
refused to pay Marbury a commission
because he thought Adam’s last minute
appointments were shady
• Marbury and a few other judges who
were in a similar position filed a legal
motion asking the Supreme Court to
order the Jefferson administration to pay
them their commission
• The Court decided: that the Supreme Court lacked the authority and power to
issue commissions to Marbury and the other judges
• The immediate consequence of the ruling was the denial of power to the
Supreme Court
• The long term effect was the establishment of judicial review
-The case increased the power of the Supreme Court in the long run and thus
increased the power of the federal government over the states
3.3 Describe the emergence and decline of dual federalism
-Chief justice Roger B. Taney emphasized the authority of the states to make laws
necessary to their well-being and prosperity.
Taney emphasized concurrent power and dual federalism: having separate and
equally powerful levels of government is the best arrangement
-The Dred Scott decision is an example of one case that increased the power of the
states and thus decreased the power of the national government
• When the Supreme Court began to deal with the issue of slavery, rulings
began to be highly controversial between state and national interests
• The court tried to manage the slavery issue through resolving questions of
ownership, slavery in the territories, and slave fugitives
• Most of the cases faced by the Supreme Court were ruled in favor of the
states, and the Dred Scott decision was an example of this
• Dred Scott, a man who was born into slavery, was sold to a family in Missouri
by his original owners and he later moved to the territory of Wisconsin
4. • Scott tried to buy his
freedom later on because
he was no longer living in
a slave state
• The court ruled that
because slaves were not
citizens of the USA, Dred
Scott had no right to
freedom
• Court made the decision
that Congress also did not
have power to ban slavery
in territories
-Because Congress could
not ban slavery, the national
scope of power for the federal
government was decreased and
the power of the states was
increased
-Nullification: the right of a state to declare void a federal law- was proposed not long
after the Constitution was ratified
• This doctrine would allow state government power to enhance and increase
over federal power
• Nullification was never adopted into the Constitution because it tilted the
balance of government too much in favor of the states
• The idea of nullification led the movement of secession by the southern states
of the Union.
• John Calhoun believed that the Constitution was just a guideline for the states
to follow and through nullification, the states could bypass any laws restricting
slavery
-This fight against the power of the national government eventually led
to the Civil War between the north and the south
-Dual federalism was forever changed in the aftermath of the Civil War.
• Gone were the days where the role of the states were emphasized and
cherished.
• After the war, federalism slowly increased in favor of the national government.
• The states and the national governments still worked together, but the federal
government had increased power and authority after the war
• The supreme Court assisted in enhancing federal government by passing
several rulings in favor of a strong- central government (example: Sherman
Anti-Trust Act)
• The scope of national government was again enhanced when the Sixteenth
and Seventeenth Amendments were added to the Constitution
-The relationship between the national and state governments was forever
changed after the Civil War. The national government continued to grow and
prosper at the expense of the state legislatures as consequence
3.4 Explain how cooperative federalism led to the growth of the national government
5. -The era of dual federalism ended with the addition of the Sixteenth and Seventeenth
Amendments which expanded the scope and authority of the national government.
The Great Depression, which devastated the American economy, could no longer be
ignored in 1933. When Teddy Roosevelt was elected into office, he set up several
New Deal programs that were intended to help the U.S. out of its economic slump.
The New deal had several effects on American government, economics, and politics;
some of them including:
• a will to find national solutions to economic problems that would take
immense federal authority
• agencies and programs put in place to help bring America out of its
depression
• the cooperation between all forms of government on one uniting issue: The
Great Depression
• Again enhancing the power of the national government in all three branches
-After the Great Depression, American federalism transformed from a layered cake
to a marble cake
• As a layered cake, the
powers of the national,
state, and local
governments were clearly
defined.
• As a marble cake: each
section of government had
less defined powers and
authority was mixed and
varied
• cooperative federalism: the
intertwined relationship
between the national, state,
and local governments after the New Deal - the term used to describe the
new “marble cake” government.
-Federal grant programs were administered by the federal government in order to
bring the country out of the depression. Before the 1960’s grants given by the
national government were considered categorical and were given to the states for a
specific purpose. LbJ created a “Great Society” program in order to fight poverty and
discrimination, again strengthening the power of the national government by giving
the president power over citizen assistance programs.
6. -The era of dual federalism ended with the addition of the Sixteenth and Seventeenth
Amendments which expanded the scope and authority of the national government.
The Great Depression, which devastated the American economy, could no longer be
ignored in 1933. When Teddy Roosevelt was elected into office, he set up several
New Deal programs that were intended to help the U.S. out of its economic slump.
The New deal had several effects on American government, economics, and politics;
some of them including:
• a will to find national solutions to economic problems that would take
immense federal authority
• agencies and programs put in place to help bring America out of its
depression
• the cooperation between all forms of government on one uniting issue: The
Great Depression
• Again enhancing the power of the national government in all three branches
-After the Great Depression, American federalism transformed from a layered cake
to a marble cake
• As a layered cake, the
powers of the national,
state, and local
governments were clearly
defined.
• As a marble cake: each
section of government had
less defined powers and
authority was mixed and
varied
• cooperative federalism: the
intertwined relationship
between the national, state,
and local governments after the New Deal - the term used to describe the
new “marble cake” government.
-Federal grant programs were administered by the federal government in order to
bring the country out of the depression. Before the 1960’s grants given by the
national government were considered categorical and were given to the states for a
specific purpose. LbJ created a “Great Society” program in order to fight poverty and
discrimination, again strengthening the power of the national government by giving
the president power over citizen assistance programs.