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AP Government

new federalism under Marshall
by

Angela Dennison

on 19 September 2012

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Transcript of AP Government

What is the significance of the Supreme court cases and how did they shape policy at the federal and state levels? McCulloch vs. Maryland "What Historical events or actions taken by the American government traspired to make this type of federalism possible?" one might ask... How did this type of federalism work in practice? In the case if McCulloch vs. Maryland it was established by John Marshall that states could not tax federal institutions and gave congress the authority to create a second bank of the United States This exercised that supremacy clause and demonstrated the elastic clause, both of which were supported by the federalists Federal Court System higher on totem poll BALANCE OF POWER BETWEEN THE FEDERAL AND STATE GOVERNMENTS There is nothing in the constitution about creating a national bank, yet Marshall and the Supreme Court determined that it was necessary and proper because it would further several expressed laws that are listen in the constitution, specifically interstate commerce To some extent this took away a few powers from the state, but this court case more expounded the powers of the federal government. Basis for American Constitutional System Supremacy of federal government Examples of how this type of federalism works... Constitution - Following the creation of the Constitution, different opinions arose regarding how the document should be interpretted. FLETCHER V. PECK Gibbons vs. Ogden In Gibbons vs. Ogden the Supreme Court overturned a monopoly granted by the state of New York to steamships operating interstate commerce between New York and New Jersey first time that the federal courts declared a state law unconstitutional Daniel Webster argued that because the constitution gives the right to regulate interstate commerce to congress, the states do not have the right (in other words interstate commerce is not a concurrent power) Marshall avoided dealing with Webster's argument by relying on an actual, existing federal statute saying that the federal law superseded the state law granting the monopoly. the Georgia legislature had approved a land grant, known as the Yazoo Land Act of 1795. It was then revealed that the land grant had been approved in return for bribes Marshall emphasized that the rescinding act would seize property from individuals who had honestly acquired it, and transfer that property to the public without any compensation. The immediate impact of the historic decision in Gibbons vs. Ogden was to end state-granted monopolies which in turn lowered prices and promoted free enterprise. This took a right that the states previously controlled and gave it to the federal government. MCCULLOCH V. MARYLAND another court case where the federal government affirmed supremacy to the state government He established in McCulloch that states could not tax federal institutions, and upheld congressional authority to create the Second Bank of the United States, even though the authority to do this was not expressly stated in the Constitution elastic clause and supremacy clause coming into effect. The bank deemed necessary and proper part of the federal government Who made the policy? What was the evolving relationship between the state and federal government during the era of Federalism and the Marshall Court? Who carrried out this policy? Prior to this time, the state government had always had a lot of power, while the federal government was kept fairly weak. Made by the ORIGINAL federalists! -As a result, parties had distinguished themselves based upon their views on the Constitution. Describe the balance of power between the
Federal and state government during this era During this time period, however, the federal government gained a great amount of power. This was caused because the Supreme Court was headed by Chief Justice John Marshall. John Marshall was a Federalist who advocated a strong central government. He wanted the federal government to become stronger, and therefore ruled in favor of the federal government in many of the cases. -These parties became known as the Federalists and Anti Federalists. John Marshall was an adamant federalist who through court cases made the federal government strong Carried out by John Marshall and the Judiciary Branch In Gibbons v. Ogden, Marshall emphasized that the power to regulate interstate commerce was an exclusive national power. Marshall’s expansive interpretation of the commerce clause allowed the national government to exercise increasing authority over all areas of economic affairs throughout the land. Gibbons v. Ogden Two examples of this is Gibbons v. Ogden and McCulloch v. Maryland. In McCulloch v. Maryland Marshall ruled that if establishing a national bank aided the national government in the exercise of its designated powers, then the authority to set up such a bank could be implied. The Marshall Court established the doctrine of national supremacy with this court case. States Rights was quite the issue during this
time. This era saw the beginnings of arguments
that thirty years from now would spark the Civil
War. McCulloch v. Maryland Election of 1800 -Thomas Jefferson wins the election, effectively
kicking most federalists out of higher office.
-John Adams, however, during the lame duck period, replaced supreme court justices with new Federalists, including John Marshall. FEDERALISM AND THE MARSHALL COURT Describe the defining characteristics of this era of federalism. Early Marshall foundation -Marbury v. Madison was one of the earliest of Marshall's court cases, and helped to set the newfound Federalist tone in the judicial branch.
-The result of this case cemented the idea of judicial review, paving the way for more federalist innovations among Marshall cases. At the turn of the eighteenth century the supreme court and the judicial branch in general were nearly powerless compared to the other two branches of government. The Marshal courts greatly extended the powers of the judicial branch and gave the supreme court the first say on what was constitutional. After the debate over the constitutionality of the first national bank new debates made appearances on the issues of state vs. national government in this period. The new powers of the Judicial branch were bestowed after the decision in the Marbury vs. Madison. The case set the precedent for the supreme court to ratify laws from congress that are deemed unconstitutional. This ability is called "Judicial Review". The case made it clear that the constitution was left in the hands of the Judicial branch. McCulloch vs. Maryland Maryland disagrees with the constitutionality of the National bank so they challenge the government by taxing the bank. Marshal stated that the elastic clause was the defense for the bank because the bank agreed with the motives of the constitution. Furthermore, Marshal ruled on national supremacy stating that national government was supreme over state government. Dartmouth vs. Woodward This case occurred when New Hampshire tried to make Dartmouth college a state college which went against the contract the college had as a private school. Case weakens state power as Supreme court rules that states cannot break private contracts. This period in history made certain the need for constant change in the constitution. As fights went on over what was and what was not constitutional the Judicial branch found a place in the american political system.
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