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Chapter Three Section 2 Federalism.

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1 Chapter Three Section 2 Federalism

2 Federalism Over Time Dual federalism (Dual Sovereignty?): Both national and state governments are supreme in their own spheres, which should be kept separate Hard to make distinctions between state and federal spheres; distinctions between them were blurred The Supreme Court has become the ultimate final judge of the balance between states’ rights and the national government Copyright © Houghton Mifflin Company. All rights reserved.

3 McCulloch v. Maryland 1819 John Marshall – Chief Justice
Could Congress charter a corporation? Yes, even though this power is not explicitly in the Constitution (Necessary and Proper Clause) Could states tax the national bank? No, because Federal government derives power from PEOPLE NOT THE STATES, and “the power to tax is the power to destroy” Enumerated powers could be ‘interpreted’: bank power found in money/tax/borrow powers SUPREME COURT GETS TO INTERPRET!! Copyright © Houghton Mifflin Company. All rights reserved.

4 NULLIFICATION The legal theory that a U.S. State has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional. Copyright © Houghton Mifflin Company. All rights reserved.

5 Alien and Sedition Acts, 1798 Kentucky and Virginia Resolutions
NULLIFICATION Alien and Sedition Acts, 1798 Kentucky and Virginia Resolutions Jefferson’s response Revived by John C. Calhoun (JQ Adams VP) in Amistad case Copyright © Houghton Mifflin Company. All rights reserved.

6 State Sovereignty State constitutions can be more detailed
States’ constitutions may provide for direct democracy rather than a Republic Initiative Referendum Recall Police Power can do what is not prohibited by the Constitution or preempted by federal policy, and that is consistent with its own constitution are also responsible for public education, law enforcement, criminal justice, health, roads, public welfare, and use of public lands Copyright © Houghton Mifflin Company. All rights reserved.

7 State Sovereignty Supreme Court has strengthened states’ rights in several recent cases: Lopez v US (1995), guns in schools U.S. v. Morrison (2000), overturned Violence Against Women Act of 1994, stating that attacks against women do not substantially affect interstate commerce Printz v. U.S. (1997), background checks on gun purchasers, Brady Act unconstitutional Copyright © Houghton Mifflin Company. All rights reserved.

8 11th Amendment The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Copyright © Houghton Mifflin Company. All rights reserved.

9 State Sovereignty Supreme Court has strengthened the Eleventh Amendment, protecting state governments from lawsuits Alden v. Maine (1999), compliance with federal fair labor laws Federal Maritime Commission v. South Carolina Ports Authority (2002), states did not agree to become mere appendages of national government Copyright © Houghton Mifflin Company. All rights reserved.

10 Municipalities Cities, towns, counties, and districts have no Constitutional protections. They exist at the pleasure of the state government. Municipal Corporations Dillon’s Rule: Express, Implied, or Essential General Act Charter Special Act Charter Home-Rule Charter Copyright © Houghton Mifflin Company. All rights reserved.

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