dual federalism 1

1. dual federalism 1 • tyler larson • christian gibbons • morgan powell • josh wendell • branden mackinnon • kayla delahoussaye

2. 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 doesn’t 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

3. 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.

4. 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.

5. 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.

6. 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.

7. Dred Scott V. Sandford1857 • 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.

8. 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.

9. works cited • http://negative-spring.blogspot.com/2012/03/memorial-sitesactiveactivist-voids.html • http://www.dipity.com/cuongluong/Era-Of-Good-Feelings/ • http://www.familycourtservices.org/resources-for-parents/tips-to-prepare-for-court/ • http://rationalpreparedness.blogspot.com/2012/02/what-was-so-amazing-about-america.html • O'Connor, Karen, and Larry Sabato. American Government: Continuity and Change. New York: Pearson Longman, 2006. Print.