 What is Federalism  What if a dispute (over
power) arises?
 Who settles the
dispute?
National
Supremacy
Dual
Federalism
Devolution
 Facts
 What Happened/The Story
 Procedural history
 How the case went
through the courts
 Issues
 Legal question pr...
Rationale
Holding
Issues
Procedural History
Facts  After the First Bank of the
United States (1791) had folded
in 1811 du...
TWO QUESTIONS
Rationale
Holding
Issues
Procedural History
Facts  Does Congress have the
authority to charter banks?
 Can...
Rationale
Holding
Issues
Procedural History
Facts  Does Congress have
the authority to charter
banks? YES
 Can the state...
Rationale
Holding
Issues
Procedural History
Facts  the necessary and
proper clause of the
Constitution, also
known as the...
Rationale
Holding
Issues
Procedural History
Facts  the power to tax is the
power to destroy,"
and that allowing the
state...
Rationale
Holding
Issues
Procedural History
Facts  NewYork granted Robert R.
Livingston and Robert Fulton
the exclusive r...
Rationale
Holding
Issues
Procedural History
Facts
 May a state enact legislation that
regulates a purely internal affair
...
Rationale
Holding
Issues
Procedural History
Facts
 May a state enact legislation that regulates
a purely internal affair ...
Rationale
Holding
Issues
Procedural History
Facts
 State laws must yield to that supremacy, even
though enacted in pursua...
 State created Granger laws were
unconstitutional
 States can’t regulate interstate commerce
 in passing the Gun Free School Zones Act
Congress had exceeded its authority under
the commerce clause. By a margin of 5...
Federalism through the courts
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Federalism through the courts

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Federalism through the courts

  1. 1.  What is Federalism  What if a dispute (over power) arises?  Who settles the dispute?
  2. 2. National Supremacy Dual Federalism Devolution
  3. 3.  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 Rationale Violates 4th Amendment Holding Cops need a warrant to enter a house Issues Can cops enter without warrant Procedural History On appeal from district court Facts Mr. Hinder was at home watching favorite tv show when cops broke down the door and searched his home without a warrant
  4. 4. Rationale Holding Issues Procedural History Facts  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
  5. 5. TWO QUESTIONS Rationale Holding Issues Procedural History Facts  Does Congress have the authority to charter banks?  Can the state (Maryland) tax the bank?
  6. 6. Rationale Holding Issues Procedural History Facts  Does Congress have the authority to charter banks? YES  Can the state (Maryland) tax the bank? NO
  7. 7. Rationale Holding Issues Procedural History Facts  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
  8. 8. Rationale Holding Issues Procedural History Facts  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 (ArticleVI) of the Constitution.
  9. 9. Rationale Holding Issues Procedural History Facts  NewYork granted Robert R. Livingston and Robert Fulton the exclusive right of steam boat navigation on NewYork state waters. Livingston assigned to Ogden the right to navigate the waters between NewYork City and certain ports in New Jersey.  Ogden (P) brought this lawsuit seeking an injunction to restrain Gibbons (D) from operating steam ships on NewYork waters in violation of his exclusive privilege
  10. 10. Rationale Holding Issues Procedural History Facts  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?
  11. 11. Rationale Holding Issues Procedural History Facts  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
  12. 12. Rationale Holding Issues Procedural History Facts  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
  13. 13.  State created Granger laws were unconstitutional  States can’t regulate interstate commerce
  14. 14.  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

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