Chapter 3 Notes

Chapter 3 Notes - Chapter 3 Notes 1 Dual Federalism a...

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Chapter 3 Notes 1. Dual Federalism a. Powers that are separated b. Delegated- powers for the national government c. Concurrent- powers shared d. Reserved- powers for the states e. States have all the power except the power given specially to the national gov’t (coining money, declaring war) and those powers denied to the states and federal gov’t (passing an ex post facto law and bill of attainder, etc) f. Amendment # 10 2. Co-operative Federalism a. Federal gov’t gets involved in areas that was left to the state originally b. Example: state of Texas can set the drinking age to 10 but the drinking age is mandated to be at 18 – must do this because they have to cooperate with the federal gov’t c. States cooperate for economic gain from the federal gov’t (example: Highway funds) d. Forced cooperation because the states don’t really have a choice – just like blackmail e. Concurrent powers gains more power and reserved powers decreased 3. Darby vs. US 1941 a. Switched from Dual to Co-operative Federalism McCulloch vs. Maryland 1819- 2 nd most important supreme court case in American History i. Issue is the bank of the United States ii. 2 issues 1. Maryland is trying to tax the Baltimore branch of the US bank 1 st issue 2. Maryland said where does the federal gov’t think they have the right to create a national bank 2 nd issue 3. Can a state tax a creation of the gov’t and can the gov’t go beyond the constitution iii. 1 st issue 1. Court says it is unconstitutional 2. State could destroy a creation of the federal gov’t 3. Supremacy clause- all federals laws shall be supreme over state laws 4. power to tax is the power to destroy iv. 2 nd issue 1. If it is necessary and proper to do it, then you should do it 2. Marshall says when a gov’t is created the gov’t has 2 kinds of powers: Implied and Enumerated 3. Implied- powers not mentioned
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a. Elastic clause has the implied powers
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Chapter 3 Notes - Chapter 3 Notes 1 Dual Federalism a...

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