Cases 3 and Federalism
Cases 3 and Federalism PSC2302
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This 2 page Class Notes was uploaded by Allie Patterson on Saturday February 21, 2015. The Class Notes belongs to PSC2302 at Baylor University taught by Stephen Block in Spring2015. Since its upload, it has received 96 views. For similar materials see American Constitutional Development in Political Science at Baylor University.
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Date Created: 02/21/15
0 National Authority and Federalism o The Principle of American Federalism Divided Sovereignty Distinction Between LocalPeculiar Objects and NationalGeneral Objects 0 Can Sovereignty Be Divided o Theories of American Federalism 0 Union as a Compact Among Sovereign States DualFederalism quotStrict Constructionquot of National Powers State as nal authority on the meaning of the Constitution s division of powers and the extent of national power 0 Union as an Act of the People Directly Broad Construction of National Powers 0 Important Events De ning and Altering the Principle of Federalism Hamilton s Economic Program Early 1790 s The Kentucky and Virginia Resolutions of 1798 The Missouri Compromise of 1820 The Nulli cation Crisis of 1832 The Civil War 0 Reconstruction 0 Article Section 8 Enumeration of Legislative Powers 1 Congress shall have power to lay and collect taxes duties imposts and excises to pay the debts and provide for the common defense and general welfare of the US but all duties imposts and excises shall be uniform throughout the US 2 To borrow money on the credit of the US 3 To regulate commerce with foreign nations and among the several states and with the Indian tribes 7 To establish post offices and post roads 18 To make all laws which shall be necessary and proper for carrying into execution of foregoing powers and all other powers vested by this constitution in the government of the US or in any department or officer thereof Jefferson s Opinion on the Constitutionality of a National Bank 0 No constitutional authority to incorporate the national bank of 1791 Not a Tax to Pay Debts Not a Regulation of Commerce Among the States Not quotProviding for the General Welfarequot Not quotnecessary and properquot for executing any of these enumerated power OOOOO o quotIt has been urged that a bank will give great facility or convenience in the collection of taxes Suppose this were true yet the Constitution allows only the means which are quotnecessaryquot not those which are merely convenient for effecting the enumerated powers If such a latitude of construction be allowed to this phrase as to give any non enumerated powers McCulloch v Maryland 0 Year 1819 0 Author Marshall 0 Questions Does Congress have constitutional power to incorporate a bank Was Maryland s imposition of a tax on a nationally incorporated bank constitutionally permissible 0 Marshall Opinion of the Court 0 National Supremacy Clause 0 Necessary and Proper Clause The Two Meanings of Necessary Absolute Physical Necessity ConvenientUseful Choice of Means to Bring Other Powers into Execution 0 Why Necessary in quotNecessary and Proper Clause Must Mean ConvenientUseful quotThis provision the Necessary and Proper Clause is made in a Constitution intended to endure for ages to come and consequently to be adapted to the various crises of human affairs quotThis clause is placed among the powers of Congress not among the limitations of those powers quotlts terms purport to enlarge not to diminish the powers vested in the Government