ipl-logo

John Marshall's Dual Federalism

539 Words3 Pages

John Marshall supports the cooperative view of federalism, in that he believes that the state and federal government share powers, but that the national government is supreme. From Marshall’s opinion in McCulloch v. Maryland, it is clear the he supports a broad reading of the Necessary and Proper Clause and the Supremacy Clause. In the instance with the Motor Voter law, Marshall would reject the state of Illinois's argument that the statute interferes with states rights, because Marshall hold a truism interpretation of the Tenth Amendment. This belief is based on the idea that the state's only have what is not delegated to the national government and what is not restricted to them. Marshal does not believe that there is a separate sphere reserved …show more content…

Taney’s opinion, on the other hand, would differ greatly from a Marshal opinion. Taney supports the dual federalism perspective, which holds that the state and national governments are equal in power, and places much emphasis on the Tenth Amendment. From Taney's opinion in Scott v. Sandford, it is evident that Taney holds an enclave view of the Tenth Amendment, meaning that there are areas of delegation specifically reserved to the states and the the federal government cannot intrude on. In the Scott v. Sandford ruling, Taney stated that Congress was out of line and had no power to regulate slavery in the territories. This court opinion invalidated the already repealed Missouri Compromise, demonstrating Taney’s support of the states overturning federal legislation that impeded on state sovereignty. Taney would support the state of Illinois’s argument that the Motor Voter Act is a violation of state sovereignty and that the state has every right to not extend this law to their own state …show more content…

I agree with Marshall’s argument that the Tenth Amendment only allows the states authority in areas not delegated to the federal government, and that the federal government is not limited to its enumerated powers alone. I feel that this would make for an unproductive federal government, especially as the role of the government has expanded and changed throughout the decades. However, the state of Illinois did not argue that the federal government could not pass the Motor Voter Act under the Times, Places and Manner Clause. It allowed for the act to remain in place for federal candidates, but not for state candidates. I believe it would be reasonable to allow the states to regulate their own candidates, which Illinois did. Additionally, under New York v. U.S. and Printz v. U.S., the federal government does not have the power to compel states to implement federal

Show More
Related
643 Words | 3 Pages

It was determined that “the Congress of the United States is granted for certain implied powers by the Constitution that are implemented in order to ensure for the proper function of the Federal Government. "3In relevance to the states, it was determined that “States cannot impose on the powers granted by the Constitution to the Federal Government by any action. "3 In the case of McCulloch vs Maryland,this included the act of imposing a state bank tax on a national bank. Federalism This case tells us that the relationship between federal and state government is limited.

Read More
1054 Words | 5 Pages

" The proponents’ main arguments for repealing the 17th amendment is the fact that the federal government can influence the election. Taking away the states’ right to pick their senators which worries

Read More
718 Words | 3 Pages

Yasmin Hassan DUE WEEK OF SEPT 22. POLSC 110 Prof. Newton FEDERALISM Logic of American Politics: “Federalism” 1. Explain the Supreme Court’s decisions in McCulloch v. Maryland and Gibbons v. Ogden and what these decisions would mean for federal-state relations. How would these early cases enable an expanded role for the national government years after these cases were heard?

Read More
1054 Words | 5 Pages

Court Cases Response Paper The main idea of the first essay, dealing with the Supreme Court case McCulloch v. Maryland, is that the U.S. Constitution must be read with a loose interpretation because if the Constitution contained “an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind” (66). The Supreme Court case McCulloch v. Maryland dealt with the reoccurring issue of the interpretation of the U.S. Constitution. In this case, the state of Maryland attempted to place a tax on the Second Bank of the United States and it was being determined if Congress could indeed create said bank. Maryland believed that under a strict interpretation of the Constitution it had the right to tax the bank.

Read More
646 Words | 3 Pages

In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John

Read More
811 Words | 4 Pages

John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.

Read More
504 Words | 3 Pages

The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.

Read More
371 Words | 2 Pages

Throughout history federalism has gone through several substantial changes, such as the boundaries and balances between the state and national government. Due to this we have experienced several different era’s of federalism from the original “dual-federalism” to the “new federalism” and just about everything else in between. Dual-federalism also known as divided sovereignty was a optimistic belief that federal and state government could exist if their was a clear division between authority. The problem with this is that there was a clever mechanism in the constitution that reserved a powers clause in favor of the national government. Such cases held in Marshall court favored the national government “McCulloch v. Maryland(1819)”, “Gibbons

Read More
553 Words | 3 Pages

John Marshall believed in a strong national government. Marshall had the “united we stand, divided we fall” concept. The United States Supreme Court due to Chief Justice John Marshall

Read More
197 Words | 1 Pages

James Madison published Federalist 51 on February 8, 1788. The Federalist 51 explains that the purpose of the essay is to help readers understand the structure of the proposed government that makes liberty possible. Madison believes that each branch should be independent,and not depend on others. If they actually followed what Madison proposed that meant that the citizens would select the president, the legislators and the judges. The only position that would suffer the most is the judge 's position, because not many citizens are aware of what the qualifications for judges are.

Read More
349 Words | 2 Pages

Empowers Congress to regulate commerce among the states The Constitution empowers Congress to regulate commerce “among the several states,” and no court has ever held that merely living in one of those states qualifies as commerce “among the several states.” If the federal government can force Americans to engage in commerce by buying health insurance, it can insist that they buy automobiles from bankrupt manufacturers, become farmers by growing food in their yards, and exercise three times a week. That is, upholding this power would obliterate the constitutional scheme of limited government.

Read More
848 Words | 4 Pages

However, there is no part up for interpretation in the 10th Amendment. Some rules or laws might be changed or removed, but the power the parts of government have stay the same giving the US’s government the ability to only strengthen, and not

Read More
2258 Words | 10 Pages

Since its beginning, the United States of America has gradually and steadily expanded the oversight and power of its own federal government. This expansion has resulted in a plethora of effects on the relationship between local state government and the federal government, both negative and positive. However, the increased impingement from the federal government onto the constitutional rights of local and state governments has created an imbalance. A major part of this imbalance has stemmed from the advent and imposition of unfunded federal mandates. This increasing implementation of unfunded federal mandates over the years has begun to stir up trouble between the states and the federal government.

Read More
1195 Words | 5 Pages

I am studying the tenth amendment and my interpretation of this amendment is that it is stating what rights the state's/government has over the people. The tenth amendment was incorporated into the constitution because the states and their citizens feared that the federal government would leave them with no power. The Tenth Amendment was added to the United States Constitution on December 15, 1791. This amendment was proposed by congress in 1989. The tenth amendment didn’t exactly confirm the amount of power given to the government and the state's’/citizens.

Read More
1324 Words | 6 Pages

Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

Read More

More about John Marshall's Dual Federalism

Related Topics

Open Document