1. Political Science 101 Macdonald
Dual Federalism?
Political Science 101
Macdonald

2. Disagreement among drafters of the Constitution about how much power states should have
RESULT – ever changing ideas about federalism, national supremacy and states’ rights
Officially a theory of dual federalism (state gov’t and national gov’t equally authoritative) emerged

3. Expanded Federal Power
Often disagreements settled through lawsuits
McCullough vs. Maryland (1819) –
1816 Congress authorized Bank of the US; MD imposed tax on all banks not chartered by their state
James McCullough, of Bank of US in MD, refused to pay tax
Chief Justice John Marshall first looked at whether Congress had power to charter bank (not explicitly stated in Article I)

4. Determined that Congress has power to “make all laws which shall be necessary and proper, for carrying into execution the foregoing powers” – referred to this as necessary and proper clause
Because Congress had power to collect tax, coin money, reasonable to charter national bank
Further, said that MD did not have power to tax federal institutions be/ could be used to destroy federal institutions and therefore destroy federalism
Interpretation enhanced power of federal government over states

5. Expanded Federal Power
Cohens v. Virginia (1821) –
Brothers convicted under VA law for selling tix in a lottery approved by Congress
Appealed to S.C.
VA said SC had no authority to review decisions that it issued in its own state
Marshall wrote that SC had ultimate authority over all judicial matters concerning federal law
Further expanded power of federal gov’t

6. Expanded Federal Power
Gibbons v. Ogden (1824)
NY law granted specific steamboat operators exclusive service between NY and NJ
Marshall court said that was commerce among states and federal gov’t, not state, had power to regulate interstate commerce
Gave superior powers to national gov’t over state gov’ts

7. Conflict Constitution itself more vague
10th Amendment – “powers not delegated to US by Constitution, nor prohibited by it to states, are reserved to States…”
Many states interpret this to mean national gov’t is not superior

8. State Supremacy?
Before Civil war, many southern leaders relied on doctrine of nullification (states retained sovereignty upon joining US) – gov’t established was a voluntary pact between states and fed. gov’t limited- states could declare any law “null and void” if wanted
1830s SC voted to nullify tariffs – later compromised
Expression of dual federalism

9. State Supremacy?
Doctrine of secession also expression of dual federalism
States had sovereignty and not subordinate to national gov’t and therefore could withdraw at any time
states seceded leading to civil war

10. New Amendments Civil War ended ideas of nullification and secession
Still issues with states rights
Ie. Many refused to enforce federal voting rights and antidiscrimination laws
Constitution amended to prevent specific assertions of state authority
13th: banned slavery
14th: states couldn’t interfere w/ certain rights of individuals
15th: right to vote for former slaves

11. A New US
During Industrial Age in America, many ppl first looked to states to deal w/ effects of urbanization
In most states, though, corporate interests controlled state gov’ts & offered little help
Many turned then to federal gov’t
Congress started to become more active
Interstate Commerce Act est. Interstate Commerce Commission (ICC) – rules for transporting goods
Sherman Antitrust Act – tried to prevent monopolies

12. A Changing Court? Many challenged in S.C.
SC generally ruled in favor of states
US vs. E.C. Knight Company – sugar refining was “manufacturing” not “commerce” so Congress couldn’t control
Hammer v. Dagenhart (1918) – law barring goods made by child labor struck down
Over history of US, evidence of changing concepts of federalism

13. Daily Critical Thinking
What is your opinion about federalism? Do you think our current government is exerting too much power? Explain.