1.8 Constitutional Interpretations of Federalism Flashcards
McCulloch v. Maryland
a landmark U.S. Supreme Court case that addressed the balance of power between the federal government and the states. The case involved the state of Maryland attempting to tax the Second Bank of the United States, a federally chartered institution. James McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax.
The Supreme Court, under Chief Justice John Marshall, ruled in favor of McCulloch and the federal government. The key points of the ruling were:
Implied Powers: The Court held that Congress had the power to create the bank under the Necessary and Proper Clause of the Constitution, even though the Constitution does not explicitly grant the power to create a bank. This clause allows Congress to pass laws that are necessary and proper to carry out its enumerated powers.
Supremacy Clause: The Court also ruled that the state of Maryland could not tax the bank, as doing so would violate the Supremacy Clause of the Constitution, which asserts that federal law takes precedence over state law.
This case reinforced the doctrine of implied powers, giving the federal government broader authority to exercise powers not specifically mentioned in the Constitution, and it affirmed the supremacy of federal law over state laws.
US v. Lopez
a significant U.S. Supreme Court case that limited the scope of the federal government’s power under the Commerce Clause.
In this case, Alfonso Lopez Jr., a high school student, was charged under the Gun-Free School Zones Act of 1990, which made it a federal offense to possess a firearm in a school zone. Lopez argued that the law was unconstitutional because it exceeded Congress’s power under the Commerce Clause, which grants Congress the power to regulate interstate commerce.
The Supreme Court ruled in favor of Lopez, striking down the Gun-Free School Zones Act. The Court held that the law was not sufficiently related to interstate commerce and that possessing a gun in a school zone did not have a substantial effect on interstate commerce. This marked the first time in over 50 years that the Court limited the scope of the Commerce Clause.
The ruling established a clearer distinction between activities that directly affect interstate commerce (which the federal government can regulate) and those that do not. It reinforced the principle of federalism, emphasizing the importance of limiting federal powers and preserving state authority in areas not directly tied to interstate commerce.
Neccesary and Proper Clause
The Necessary and Proper Clause grants Congress the power to make laws that are necessary and proper for carrying out its enumerated powers. It was applied in the case of McCulloch v. Maryland (1819), where the Supreme Court ruled that Congress had the implied power to create the Second Bank of the United States, even though the Constitution did not specifically grant that power. The Court determined that the clause allowed Congress to use means not explicitly listed in the Constitution, as long as they were related to exercising its other powers.
