Ch.3 - Dual Federalism The Marshall Court was quite...

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Dual Federalism The Marshall Court was quite nationalist, however, the debate over the proper distribution of power under fed. continued. Roger B. Taney became CJ after Marshall, & he had a different notion about fed. The Court began to articulate the idea of concurrent powers & the idea of dual fed. in which separate but equally powerful levels of gov. is preferable, & the n.gov. should not exceed its enum. powers. The Taney Court is best remembered for the Dred Scott decision. Scott had lived with his master in Illinois and Wisconsin, both free states. After the death of his owner, he sued based on a Missouri law that stated "once free, always free." The first trial ended in mistrial due to hearsay, but the court ordered him freed at the second trial. It took several years for the case to be heard the second time during which Scott's wages were held in escrow awaiting a verdict. John . Slavery had become an intensely partisan issue and passions had flared—the Missouri S.C. ruled Scott remained a slave. The case was taken to fed. court & on to the U.S. S.C. In a 7-2 decision, the Court argued that Scott was not a U.S. citizen & therefore not entitled to sue in fed. court. The case was dismissed & Scott remained a slave. Taney further wrote that Congress had no power to abolish slavery in the territories & slaves were private property protected by the Constitution. The Missouri Compromise of 1820 was therefore invalid. The decision in the Dred Scott case strengthened states' rights & invalidated a fed. law greatly altering the balance of state/national relations. This ruling was vastly different than the rulings of the nationalist Marshall Court. The decision also heightened tensions and helped to bring about the C.W. The Civil War and Beyond (1861- 1865) definitely followed that logic. The size of the fed. gov. increased dramatically. For the first time the n.gov. paid out pensions & disability payments. However, dual fed. remained the S.C. 's framework for fed. even after the adoption of the 13th, 14th, and 15th amendments. The Sixteenth and Seventeenth Amendments The Constitution, as originally written, made no provision for a national income tax. However, when the U.S. entered WWI, the gov. recognized that it desparately needed a new method of funding for the war effort. The result was the 16 th amen. that gave Congress the power to levy & collect taxes. This was a substantial increase in fed. powers. The 17 th amen. also increased fed. powers.
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This note was uploaded on 04/17/2008 for the course ? ? taught by Professor ? during the Spring '07 term at Gustavus.

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Ch.3 - Dual Federalism The Marshall Court was quite...

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