Aim: How has the concept of
federalism evolved throughout
U.S. History?
Do Now: How is the Health
Care reform bill related to
the concept of Federalism?
Disaster Relief
• Who’s job was it to
clean up after
Hurricanes Katrina
and Sandy?
No Child Left Behind
• Should the
national gov’t step
in to regulate
school
performance?
• NCLB requires
states to create
assessments in
basic skills in
order to receive
federal funding
Race to the Top and Common
Core
• In order to compete for Federal education
grants under Race to the Top, states need
to adopt Common Core standards which
would align diverse state standards across
the country.
Who should legislate on the legalization
of Marijuana – the states or the federal
government?
Dual Federalism
• The earliest form of federalism was dual
federalism - states and the national
government were distinct in their own
spheres, and relatively autonomous with
little overlapping
• Interstate commerce regulated by Congress
• Intrastate regulated by the state
• However, it is unclear which is which, and
thus the federal government has taken
control over most commerce issues
Federal Power Grows Under the
Marshall Court
• McCulloch v. Maryland (1819)
• Gibbons v. Ogden (1824)
• Fletcher v. Peck (1810)
McCulloch v. Maryland (1819)
Background
• Bank of the US operated in Maryland
• Maryland did not want Bank of US to
operate in state - competition unwanted,
unfair
• Maryland taxed the bank to put it out of
business
• McCulloch, Bank of U.S. employee,
refused to pay the state tax
McCulloch v. Maryland (1819)
• Is a Bank of the US Constitutional?
YES. The national gov’t has certain implied
powers that go beyond delegated powers.
US needs a national bank for borrowing,
lending, holding minted money, etc. All of
which are delegated powers.
McCulloch v. Maryland (1819)
Can a state tax the federal gov’t?
-NO. The federal gov’t is supreme. Since
the BoUS is constitutional, only the feds
may tax it.
-John Marshall reaffirmed Supremacy
Clause and Elastic Clause
-National (Federal) Gov gets STRONGER
Commerce clause
• Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have
power - To regulate commerce with foreign
nations, and among the several states, and with
the Indian tribes.”
• Congress has used the elastic clause to stretch
this power
• What is commerce? “Buying and selling of
goods and services.”
• Congress given the power to regulate commerce
between foreign countries and US as well as
state to state… they control business law.
Gibbons v. Ogden (1824)
• 1824 – aka “The Steamboat Case”
• Ogden received a state licensed monopoly
to run a ferry across the Hudson River
• Gibbons also saw the potential of the
traffic between NJ and NY and obtained a
federal license.
• Ogden sued saying he had the valid state
license, even though Gibbons had US
license
Gibbons v. Ogden (1824)
Result – Gibbons wins
• Expanded national power in all areas of
commerce law because nation overruled
state in interstate trade issues
• Fed Gov’t gets STRONGER
• All trade today is primarily controlled by
national law
Commerce Clause
• Gibbons v. Ogden ruling makes a loop
hole giving Congress power to take control
over any issue involving the movement of
people, or things
• Fed gov’t power increased
• United States v. Lopez (1995): Overturned Gun Free
School Zones Act of 1990. Congress exceeded its power
in the commerce clause by prohibiting guns in a school
zone. It is a state or local matter.
• United States v. Morrison (2000): overturned parts of
Violence Against Women Act, 1994. Court held that
violence against women does not significantly impact
interstate commerce. It is a local matter.
• Printz v. United States (1997): Invalidated a federal law
that required background checks on all gun purchases.
The federal government cannot require states to carry out
a federal regulatory program.
Gonzalez v. Raich (2005)
• Controlled Substance Act (1970) – US gov
regulates the manufacture, importation,
possession, and distribution of certain drugs
• Medicinal marijuana was legalized in California,
but illegal to US government. Raich argued
commerce clause should not take effect
because 1) there was no business transactions
and 2) there were no state border issues.
• Supreme Court ruled 6-3 against Raich saying
that the federal government could trump state
laws that permitted medicinal marijuana.
Growing marijuana fell into a particular “class of
activities” that impacted commerce.