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This is an extract of our Introduction To Federalism document, which we sell as part of our Constitutional Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students. Review Now
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Introduction to Federalism a) Tenth amendment - powers not delegated to the US by the Constitution, nor prohibited to it by the States, are reserved to the States respectively b) Article I, Section 1: grant powers to Congress; Article I, Section 8: grant specific powers (Taxes, pay debts, regulate Commerce with foreign Nations and among States and Indian Tribes...to constitute Tribunals inferior to the Supreme Court....to declare war....to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Govt i) Where federal law is, it is supreme ii) Federal law only exists where it is enumerated (or can be implied from the enumeration) iii) The broader the federal law, the narrower the power of the states iv) Generally, where federal power under the Commerce Clause ends, state "police power" begins v) 2 positions (1)10th is a reminder that congress can only act within its enumerated powers; OR (2)10th provides a separate basis on which states can challenge an act of Congress vi) What to do with Constitutional Silence?
(1)Fill in with N&P or Commerce or 10th c) Controversy over the Constitutionality of Bank of the United States i) Thomas Jefferson: Tenth amendment reserved power to the State that were not delegated to the federal government by the constitution. Power to create bank neither enumerated nor necessary and proper for carrying into execution the laws of the United States (1)Necessary means indispensable and the Bank was not indispensable to carrying out enumerated powers ii) Alexander Hamilton: Government, it is sovereign capacity, must have a right to employ all means requisite and fairly applicable to the attainment of the needs of such power, which are not precluded by the restrictions and exceptions specified in the Constitution. (1)Necessary means needful, requisite, incidental, or conducive to achieving the ends d) McCulloch v. Maryland (1819): Maryland passes state legislation to tax the Bank of the United States. i) Key Principle: Congress may only act if there is constitutional authority for such action. In contrast, states
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