In 1816, Congress chartered the Second Bank of the United States. In a unanimous decision, the court held that Congress had the power to consolidate the bank and that Maryland could not tax an instrument the national government uses to enforce its constitutional powers. Under the Necessary and Proper Clause, Chief Justice Marshall stated that Congress has powers not expressly provided for in the U.S. Constitution. A New York State law granted Robert R. Livingston and Robert Fulton a 20-year monopoly of navigation in waters under state jurisdiction. Justice Marshall concluded that the regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress …show more content…
Dual federalism is a system of governance in which the federal government and state governments each have clearly defined spheres of power. A dual federalism reading of the Constitution limits the federal government’s authority to foreign affairs, military affairs, and commerce with foreign nations, between the states, and with the Indian tribes. Categorical grants are federal grants given to state and local governments to encourage their cooperation in implementing specific purposes and programs. One of the main disadvantages of cooperative federalism is that the levels of power are not as pronounced as in dual federalism. Cooperative federalism respects traditional jurisdictional boundaries between states and the federal government. One advantage of block grants is that they allow states to spend flexibly and with fewer restrictions. Block grants are fixed amounts of money that commonly do not meet the program needs and erode over time. Thus, according to the Constitution, the division of powers between different levels of government can be divided into three categories: unitary, federal, and