Federalism

Question 1

Where are congresses enumerated powers to act found in the Constitution?

Answer 1

Article 1, section 8

Question 2

What enumerated powers do the states have under the Constitution?

Answer 2

None. The states can make any law, except for what is prohibited by the Constitution.
General police power – for the health, safety, and welfare of the citizens

Question 3

Does Congress have the power to enact legislation in support of their enumerated powers?

Answer 3

Yes, as long as it does not expressly prohibited, or solely in the jurisdiction of the states.

McCulloch v. Maryland - Congress can incorporate a bank under the “power of the purse,” the ability to collect taxes, borrow money, and regulate commerce.

Congress can enact any laws that are necessary to carrying out its enumerated duties. Lots of controversy in this case. Actual wording is “necessary and proper.” Court drops proper and uses necessary as less strict than “absolutely necessary.” probably should have been too separate requirements, necessary and proper.

Question 4

Can the State enact taxes on federal organizations operating in its territory?

Answer 4

No. The power to tax involves the power to destroy. This power to destroy can defeat and rendered useless the power to create.
If the states have the power to tax federal government operations, they can make the taxes so much that it destroys the ability of the federal government to do anything.

If the state taxes operations of the federal government, then it is essentially taxing all the citizens of the country, including other states.

McCulloch v. Maryland