Federalism Review – Bell Work (federal – state – county – city/town?) 1. Who is going to keep people safe from speeding cars (speed limits)? 2. Who is going to protect us from foreign invasion or threats? 3. There is a pothole in the street outside my house. Who should I talk to? 4. A group of people want to establish a new city. Who should they talk to? 5. Who decides who might get married legally? 6. Who resolves conflicts between states? 7. My garbage hasn’t been picked up in two weeks, who do I talk to about this issue? 8. Who makes sure that the country’s economy is safe and stable? 9. My taxes keep going up! Who can I talk to about this? 10. Who is in charge of passing laws around here?

10 th Amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (Creates “Reserved Powers”)

Elastic Clause or “Necessary and Proper Clause” Article I, Section 8 – Congress shall make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. (Expands or stretches Congress’ powers creating “implied powers”)

Supremacy Clause Article 6, Clause 2 - This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

Why did they make the Federal Government’s Constitution and Laws Supreme? James Madison wrote in Federalist Papers #44: “…as the constitutions of the States differ much from each other, it might happen that a treaty or national law, of great and equal importance to the States, would interfere with some and not with other constitutions, and would consequently be valid in some of the States, at the same time that it would have no effect in others. In fine, the world would have seen, for the first time, a system of government founded on an inversion* of the fundamental principles of all government; it would have seen the authority of the whole society every where subordinate** to the authority of the parts; it would have seen a monster, in which the head was under the direction of the members.” *inversion – flip upside down or inside out **subordinate – obedient or serving (the opposite of the “Boss”)

Discuss Madison’s comments in Federalist #44 1.Why would the “whole society… …subordinate to the authority of the parts” be a problem? 2.Why does he call it an “inversion” of government? 3.What does he call this a “monster”?

“Body controlling the Head”

Supremacy Clause illustrated

Issue: Can Maryland tax a US Bank? The federal government created the Bank of the United States in order to have a place to deposit the taxes it collected from states. In most states, the state has the power to place taxes on money that banks made. So the State of Maryland placed a tax on the business of the Bank of the United States (actually it created a tax for all banks from outside of Maryland). The head of the Bank, James McCulloch refused to pay the tax and said that it shouldn’t have to pay a state tax because it is part of the federal government. Maryland said that the power to tax is one of its reserved powers (10 th amendment) and it also argued that the Constitution does not give Congress the power to make a bank. The case went to the Supreme Court in 1819 called McCulloch v. Maryland.

Argument for the State * States can make taxes (Reserved Power in the 10 th amendment) * The US Constitution doesn’t say (in the delegated or enumerated powers) that Congress can create a Bank.

You will argue for the Federal Government 1. How will you defend Congress’ authority to create a Bank? 2. How will you argue that Maryland can’t tax a Federal government agency or organization? (Hint: Can you use Madison’s argument in the Federalist Paper #44?)

Which part of the US Constitution is the federal witness referring to?