Dual Federalism I(Founding to 1860)

Harold JacksonMr. Knock p.1

9/14/12

What is it?Federalism is a system of government in where

the national government and the state governments derive all authority from the

people.

The founders of the constitution wanted a form of government unlike the unitary system (Great Britain) in fear of tyranny.

The founders were also afraid of keeping the confederate system they already had (Articles of Confederation) because of the lack of central government.

A federal system didn’t have enough power to be a king,but also had enough power to keep the country running.

National PowersThe states and the national government both had their specific powers to keep the government effective and

running.

*Enumerated Powers*Necessary and Proper Clause

*Supremacy Clause

Enumerated Powers(These were specific powers given to the national legislature)

Power to tax,Coinage of money,

regulation of commerce, providing for the common defense (army and

navy), declare war

and establishing a national court system.

Necessary and Proper Clause

This gave congress power to pass any laws necessary to carry out the Enumerated Powers.

Supremacy Clause

National law is supreme and overrides any state or local laws passed;

Everyone must follow the federal laws.

(some situations are subject to continuous judicial interpretation).

State Powers

*Articles 1 and II of the constitution*Privileges and Immunities Clause

*Tenth Amendment andReserve (Police) Powers

Articles 1 and IIof the constitution

says that states can set the times, places, and manner, for holding elections for senators and

representatives.

guarantees each state 2 members in the senate.

prevents limitation of slave trade before 1808.

requires each state to appoint electors to vote for the president.

Privileges and Immunities Clause

says that all citizens of each state are afforded the same rights as citizens from all states.

Citizens are represented and protected.

Tenth AmendmentPowers not given to the United States (by

constitution), nor prohibited by it to the states, are powers reserved for the states and/or the

people.

These powers are known as the reserve (or police) powers.

Reserve (Police) PowersPowers given to the states by the Tenth Amendment to

the constitution.

These include:Public Health

Safety and morals of their citizens.

Abortion, death penalty, marriage, etc.

Concurrent and Denied Powers

In the federal system, nation and state could work together.

There were also powers that nation or state could not have.

*Concurrent Powers

*Bill of attainder*ex post facto laws

Concurrent PowersPowers shared by the national and state governments.

These powers include:

Taxation, right to borrow money,

establish courts, and make and enforce laws necessary to carry out

these powers.

Denied PowersBill of Attainder: a law making an act illegal

without a judicial trial.ex post facto law: a law passed after the fact,

making previous legal activity illegal and subject to current penalty.

State to StateHow did the states interact with each other?

*Full Faith and Credit Clause: judicial decrees and contracts made in one state will

be binding and enforceable in all others.

*Interstate Compacts: contracts (agreements) between states that carry the

force of laws. (usually used to determine state borders

and to address multi-state policies)

Important Supreme Court cases

Chief Justice John Marshall (early 1800’s)

Chief Justice Roger B. Taney (1835 - 1863)

*Marbury v. Madison (1803)*McCulloch v. Maryland (1819)

*Gibbons v. Ogden (1824)

*Dred Scott (1857)

Marbury v. Madison (1803)Issue: Checks and Balances

President John Adams commissioned William Marbury as a Justice of the supreme court. Secretary of State, James Madison, refused to let Marbury into office. Marbury

then sued Madison.

Significance: This was the 1st time Judicial Review was used (deeming something unconstitutional)

This completed the checks and balances system;gave judicial branch equal power over the executive

and legislative.

McCulloch v. Maryland (1819)Issue: Taxation of federal bank by a state.

Congress created a Second National Bank. The state of Maryland taxed the use of the National bank. James W. McCulloch, a federal cashier, refused to pay the taxes.

Maryland then sued McColloch.Significance: Congress has the power to issue to

incorporate a national bank --> Necessary and Proper Clause

andState cannot tax an institution of the federal

government --> Supremacy Clause

Gibbons v. Ogden (1824)Issue: Interstate commerce; federal power of “commerce”

New York and New Jersey wanted commercial monopoly control over the Hudson River.

Significance: What is congress’s authority over commerce?

Commerce Clause - the power to regulate all commercial activity (no limits except to the

constitution)these powers include regulation of highways, stock

market and segregation today.

Dred Scott Case (1857)Issue: state’s rights; slaveryDred Scott, born slave, was sold to a Dr. Emerson and was taken to “free states” and then moved back to a “slave state” until his owner died. He tried to buy his

freedom, but he couldn’t. The court said Scott was NOT a citizen, slaves were never thought of or spoken of except as property.

Significance: Declared unconstitutional to bar slavery.

This gave more power to the states.states > national

Eventually led to one of the causes of the Civil War

Work CitedO, K., & Sabato, L. (2006). American government continuity and change. (2006 ed., Vol. 1, pp. 96-106). New York

ww.ourdocuments.gov/doc.php?flash=true&doc=19

www.lawnix.com/cases/mccolloch-maryland.html