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 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 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
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
TWO QUESTIONS
Rationale
Holding
Issues
Procedural History
Facts  Does Congress have the
authority to charter banks?
 Can the state (Maryland)
tax the bank?
Rationale
Holding
Issues
Procedural History
Facts  Does Congress have
the authority to charter
banks? YES
 Can the state
(Maryland) tax the
bank? NO
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
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.
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
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?
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
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
 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 5-4, 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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Federalism through the courts

  • 1.
  • 2.  What is Federalism  What if a dispute (over power) arises?  Who settles the dispute?
  • 4.  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
  • 5. 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
  • 6. TWO QUESTIONS Rationale Holding Issues Procedural History Facts  Does Congress have the authority to charter banks?  Can the state (Maryland) tax the bank?
  • 7. Rationale Holding Issues Procedural History Facts  Does Congress have the authority to charter banks? YES  Can the state (Maryland) tax the bank? NO
  • 8. 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
  • 9. 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.
  • 10. 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
  • 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?  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. 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
  • 13. 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
  • 14.  State created Granger laws were unconstitutional  States can’t regulate interstate commerce
  • 15.  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