Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Dual Federalism 2


Published on

Published in: Economy & Finance, Business
  • Be the first to comment

  • Be the first to like this

Dual Federalism 2

  2. 2. Chief Justice John Marshall 1801-1835 <ul><li>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. </li></ul>
  3. 3. McCulloch v. Maryland <ul><li>Marshall/McCulloch view: </li></ul><ul><li>Congress has power to charter a national bank (necessary and proper clause) </li></ul><ul><li>Maryland cannot tax a federal bank </li></ul><ul><li>Maryland view: </li></ul><ul><li>Congress does not have the power to charter a national bank ( necessary does not mean essential) </li></ul>
  4. 4. Gibbons v. Ogden <ul><li>Gibbons/Marshall view: </li></ul><ul><li>Congress has the power to regulate commerce so </li></ul><ul><li>New York cannot grant licenses to steamboat businesses </li></ul><ul><li>Ogden view: </li></ul><ul><li>Monopoly from New York gives him the right to run his business </li></ul>
  5. 5. DUAL FEDERALISM State and National Governments are equal according to
  6. 6. Federalism & The Civil War <ul><li>Issue of Federalism + Issue of Slavery = Civil War </li></ul>“ War between the States” vs. “A Civil War”