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Federalism through the courts

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Federalism through the courts Presentation Transcript

  • 1. The Evolution of Federalism
  • 2. Review
    What is Federalism
    What if a dispute (over power) arises?
    Who settles the dispute?
  • 3. Federalism through the Court
  • 4. Dissecting Supreme Court Cases
    Facts
    What Happened/The Story
    Procedural history
    How the case went through the courts
    Issues
    Legal question presented
    Holding
    How did the court answer the “issue(s)”
    Rationale
    Reason for court’s holding
  • 5. McCulloch v. Maryland (1819)
    After the First Bank of the United States (1791) had folded in 1811 due to a lack of congressional support, inflation in the years following the War of 1812 compelled Congress to establish (1816) a new national bank. The Second Bank of the United States was authorized by Congress to help control the unregulated issuance of currency by state banks
    Maryland puts a tax on all non state charted banks
    U.S. bank branch in Baltimore refused to pay the tax
  • 6. McCulloch v. Maryland (1819)
    Two Questions
    Does Congress have the authority to charter banks?
    Can the state (Maryland) tax the bank?
  • 7. McCulloch v. Maryland (1819)
    Does Congress have the authority to charter banks? YES
    Can the state (Maryland) tax the bank? NO
  • 8. McCulloch v. Maryland (1819)
    the necessary and proper clause of the Constitution, also known as the "elastic clause," implied that Congress could charter a national bank in the exercise of its explicit power to regulate interstate commerce and coin and regulate money
  • 9. McCulloch v. Maryland (1819)
    the power to tax is the power to destroy," and that allowing the state to tax the national bank would therefore violate the supremacy clause (Article VI)of the Constitution.
  • 10. Gibbons V Ogden (1824)
    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
  • 11. Gibbons v. Ogden
    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?
  • 12. Gibbons v. Ogden
    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?
    NO
    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?
    NO
    Does a state have the power to grant an exclusive right to the use of state waterways inconsistent with federal law?
    NO
  • 13. Gibbons v. Ogden
    State laws must yield to that supremacy, even though enacted in pursuance of powers acknowledged to remain in the States. A license, such as that granted to Gibbons, pursuant to acts of Congress for regulating the coasting trade under the Commerce Clause of Article I confers a permission to carry on that trade.
    The power to regulate commerce extends to every type of commercial intercourse between the United States and foreign nations and among the States. The commerce power includes the regulation of navigation, including navigation exclusively for the transportation of passengers.
    The power to regulate commerce is general, and has no limitations other than those prescribed in the Constitution itself. It is exclusively vested in Congress and no part of it can be exercised by a State.
    While the commerce power does not stop at the external boundary of a State, it does not extend to commerce which is completely internal. State inspection laws, health laws, and laws for regulating transportation and the internal commerce of a State fall within the state police power and are not within the power granted to Congress
  • 14. Wabash, St. Louis, Pacific Railway v. Illinois (1886)
    State created Granger laws were unconstitutional
    States can’t regulate interstate commerce
  • 15. Lopez
    in passing the Gun Free School Zones Act Congress had exceeded its authority under the commerce clause. By a margin of 5-4, the Court ruled that local gun control was a state and local matter, beyond the power of the federal government to regulate