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Marshall And Dual Fed
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Marshall And Dual Fed

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  • 1. THE MAN WHO SHAPED FEDERALISM…
  • 2. Chief Justice John Marshall 1801-1835
    • Under Chief Justice John Marshall, a broad interpretation of the Constitution was set in place, allowing the power of the federal government to remain superior to the power of the states.
  • 3. McCulloch v. Maryland
    • Marshall/McCulloch view:
    • Congress has power to charter a national bank (necessary and proper clause)
    • Maryland cannot tax a federal bank
    • Maryland view:
    • Congress does not have the power to charter a national bank ( necessary does not mean essential)
  • 4. Gibbons v. Ogden
    • Gibbons/Marshall view:
    • Congress has the power to regulate commerce so
    • New York cannot grant licenses to steamboat businesses
    • Ogden view:
    • Monopoly from New York gives him the right to run his business
  • 5. DUAL FEDERALISM State and National Governments are equal according to
  • 6. Federalism & The Civil War
    • Issue of Federalism + Issue of Slavery = Civil War
    “ War between the States” vs. “A Civil War”

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