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| Articles of Confederation & Perpetual Union |
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| first written constitution |
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| each state had equal # of senators but representation in House of Reps is based on population |
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| every slave counted as 3/5 a person |
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| division of legislative assembly into two houses |
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| powers written in Constitution granted in Fed. gov- no new powers could be added |
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| Necessary and Proper Clause |
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| means powers listed are meant as a source of strength not limitation |
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| power of courts to render final decision when conflict of Constitution arises |
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| any laws made under "authority of US" are superior to state level laws |
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| power divided between central gov. and regional gov. |
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| first 10 amendments to US Constitution |
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| 3 branches can monitor each other and equal out power |
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| oppressive gov. employs cruel & unjust use of power & authority |
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| supreme & independent political authority |
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| state can seize your property but must compensate you for your loss |
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| state's power to regulate health, safety, welfare and morals of its citizens |
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| a guarantee of noninterference in various areas of local affairs |
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| two-layered system- national & state |
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| funds given by congress to state & local gov. |
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| an individual in custody must be brought into court & shown the cause for detention |
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| the institutions and procedures through which a land and its people are ruled |
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| allows citizens to be involved in gov. process |
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| formal & effective limits on powers of gov. |
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| no formal limits on gov. but gov. limited by social institutions |
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| no limits on gov. power of any kind |
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| delegates to congress the power to regulate commerce with foreign nations, and among the several states, and with the indian tribes |
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| states cannot be sued for violating an act of Congress |
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-powers shared between fed. and state gov.
-states had most important powers
-called "dual" because different levels of gov. strictly seperated |
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| cooperative federalism (2nd) |
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-supportive relations between state and local gov.
-expansion in national gov. |
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| regulated federalism (3rd) |
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-national gov. dictates national standards states must meet or rules states must follow
-rise in unfunded mandates |
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-efforts to craft national policies to return discretions to the states
-use of block grants, have fewer federal restrictions |
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The State of Maryland voted to tax all bank business not done with state banks.
This was meant to be a tax on people who lived in Maryland but who did business with banks in other states.
State of Maryland also sought to tax the federal bank.
Andrew McCulloch, who worked in the Baltimore branch of the Bank of the United States, refused to pay the tax. The State of Maryland sued, and the Supreme Court accepted the case.
Chief Justice John Marshall wrote that the federal government did indeed have the right and power to set up a federal bank.
A state did not have the power to tax the federal government. |
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New York Legislature had passed a law giving a monopoly on steamship travel in New York state to a group of investors.
Aaron Ogden had permission to do business under this monopoly.
Thomas Gibbons wanted to use the New York waterways for his business. He had been given federal permission. He was denied access to these waterways by the State of New York, which cited its law as enforcement.
Gibbons sued Ogden, and the Supreme Court agreed to decide the case.
U.S. Constitution had a commerce clause that allowed the federal government to regulate commerce, in this case trade, wherever it might be, including within the borders of a state. |
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