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Chapter 3: Federalism

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Goumi Gokul

on 6 December 2012

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Transcript of Chapter 3: Federalism

Presented by:
Goumi Gokul Chapter 3: Federalism Roots of Federal System
3.1 Federal System
Unitary System
Confederate System Federalism and the Marshall Court
3.2 McColloch v. Maryland (1819):
Defined relationship between National & State govs.
States can't tax federal banks using Constitution's supremacy clause.
National gov dependent on People for power. Dual Federalism: The Taney Court, Slavery, And the Civil War 3.3 Dual Federalism:
Separate & Equally powerful levels of gov.
Limited national gov. authority in areas. National powers (Enumerated Powers)
Concurrent Powers
State Powers (Reserved Powers) Interstate Relations Under Constitution
Full Faith and Credit Clause
Privileges and Immunities Clause
Extradition Clause
Interstate Compacts Powers Denied Under Constitution
Bill of Attainder
Ex Post Facto Law Gibbons V. Ogden (1824):
Congressional Power to regulate Interstate Commerce.
Commerce power has no limits except ones in constitution. Barron v. Baltimore (1833):
Due Process Clause of 5th Amendment did not apply to action of state.
Limited Bill Of Rights to actions of Congress.
Enumerated Rights In bill of rights were not limit on states. Dred Scott v. Sandford (1857):
Congress lacked constitutional authority to bar slavery Nullification:
Declare void a federal law.
Alien and Sedition Act prevented criticism of national gov
States can nullify any federal law that violated constitution. Transformation Of Dual Federalism:
Civil War changed Federalism
13th, 14th, & 15th Amendment was added after civil war.
16th Amendment- Constitution authorized congress to enact national income tax.
17th Amendment- Senators get directly elected by people. Government authority comes from different systems. National gov has different powers under constitution and some are shared by state too like concurrent powers. The Marshall Court had an impact on federalism. There were some cases that changed powers of national government. Sources Slide 3.1 Sources:
"Federalism"
Bushnell, David. "Federalism." Encyclopedia of Latin American History and Culture. Ed. Jay Kinsbruner and Erick D. Langer. 2nd ed. Vol. 3. Detroit: Charles Scribner's Sons, 2008. 192-193. World History In Context. Web. 5 Dec. 2012.
"Federalism And Shared Powers"
FISHER, LOUIS. "Federalism and Shared Powers." Encyclopedia of the American Constitution. Ed. Leonard W. Levy and Kenneth L. Karst. 2nd ed. Vol. 3. Detroit: Macmillan Reference USA, 2000. 1010-1013. U.S. History In Context. Web. 5 Dec. 2012. Slide 3.2 Sources:
"Marshall Court (1801-1835)"
LEVY, LEONARD W. "Marshall Court (1801–1835)." Encyclopedia of the American Constitution. Ed. Leonard W. Levy and Kenneth L. Karst. 2nd ed. Vol. 4. Detroit: Macmillan Reference USA, 2000. 1681-1687. U.S. History In Context. Web. 5 Dec. 2012.
"Barron v. Baltimore"
Presser, Stephen B. "Barron v. Baltimore." Dictionary of American History. Ed. Stanley I. Kutler. 3rd ed. Vol. 1. New York: Charles Scribner's Sons, 2003. 419. Gale Virtual Reference Library. Web. 5 Dec. 2012. Slide 3.3 Sources:
"Dual Federalism"
SCHEIBER, HARRY N. "Dual Federalism." Encyclopedia of the American Constitution. Ed. Leonard W. Levy and Kenneth L. Karst. 2nd ed. Vol. 2. Detroit: Macmillan Reference USA, 2000. 827. U.S. History In Context. Web. 5 Dec. 2012.
"Nullification"
"Nullification." Encyclopedia of the United States in the Nineteenth Century. Ed. Paul Finkelman. New York: Charles Scribner's Sons, 2001. U.S. History In Context. Web. 5 Dec. 2012. Marshall Court played major role in defining the relationship and the powers of national government of the supremacy and commerce clause. Nature of Federalism changed over the years during the Civil War period . Dual federalism was then created later on. Dual Federalism tended to limit the national government's authority in certain areas.
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