Federalism


 * //__FEDERALISM__//**

- Political power is divided between the federal government, state governments, and local governments - Powers given by the Constitution ~ Federal Government - The power to tax, regulate commerce, declare war, coin money, create an army and navy, create courts, etc. - Implied powers through the necessary and proper clause ~ State Government - 10th Amendment gave the states all powers not specifically given to the federal government (ex. education) - Dual Federalism ~ Federal and State governments and each sovereign ~ Strict interpretation of the Constitution ~ Federal government only has the jurisdiction if clearly expressed in the Constitution ~ States have a greater role and power Cooperative Federalism ~ National government supreme over the states ~ Loose interpretation of the Constitution and necessary and proper clause ~ Federal government assists and intervenes in some areas traditionally left to the states ~ Started with the New Deal in the 1930s

FEDERALISM COURT CASES

//McCulloch v. Maryland// (1819)- Maryland attempted to put a tax on all notes of banks that weren't chartered in Maryland, an obvious attack on the Second Bank of the United States. The Court sided with the bank, citing the necessary and proper clause, and also stating that the government has the power to tax and spend, and should therefore have the power to establish a bank. Therefore, the Supreme Court's decision reversed the earlier decision made by the Maryland Court of Appeals. This landmark case gave the federal government more power than the Constitution technically gave it, and it also helped to establish its supremacy over the states.
 * YOU CAN BET ON THIS ONE!**

//Gibbons v. Ogden// (1824)- This case began when New York attempted to grant a monopoly of steamboat operation between New York and New Jersey. Ogden obtained an injunction against Gibbons because New York wanted him to run the ferry system, and then Gibbons appealed to the Supreme Court because he wanted to keep his business. The Court ruled in favor of Gibbons, saying that Congressional power over commerce should extend to the regulation of all aspects of it. This decision reversed the Judgment made by the New York Courts, and it helped to further establish the idea of the federal government getting the final say in state matters.

//National Labor Relations Board v. Jones & Laughlin Steel// (1937)- This case started when the nation’s fourth largest steel company fired ten employees for wanting to start a labor union. The Court sided with the workers, and declared that the National Labor Relations Act was constitutional. In the 5-4 decision, the Court also stated that Congress had the power to regulate labor relations under the Commerce Clause. This case gave the federal government more power, which further established clear federalism in the nation.