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Marshall And Dual Fed

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Marshall And Dual Fed

  1. 1. THE MAN WHO SHAPED FEDERALISM…
  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”

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