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PSC Chapter 7.docx

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Political Science
PSC 2302
James Curry

PSC Chapter 7 10/1/2013 6:31:00 AM What is federalism?  The constitutional division of powers between two different LEVELS of government: o National o Sub-national (states, provinces, cantons, etc.)  Structurally, Federalism is a compromise between: o Unitary system o Confederation Federalism  What do these countries have in common? o USA o Switzerland o Brazil o India o Canada  All have federal systems of government Why federalism  Some sat that federalism is a good system for dealing with diversity within a population (India has hundreds of different languages) o Switzerland is home to at least three major languages o Canada attempts to be bilingual But…  As examples such as Nigeria and the USSR show, federalism cannot  Federalism  American federalism represented a compromise between those who wanted power in a strong national government and others who wanted power in the states Government powers  Express or enumerated  Implied  Reserved The debate over federalism  At the constitutional convention, delegates began to be identified by their support for a new constitution, and a new national government. Those in favor were called Federalists and those opposed were called anti-federalists Federalists  National supremacy  Hamilton  Broad construction of the: o Constitution o Implied powers o Necessary & proper clause  John Marshall o Judicial nationalism Anti-federalists  States rights  Jefferson  Strict construction of the o Constitution o Reserved powers th o 10 amendment  John Calhoun o Nullification McCulloch v. Maryland (1819)  Facts: Maryland establishes a tax on all bank notes issued within the state. This included bank notes issued by the United States National Bank in Baltimore. The bank teller(McCulloch) refuses to pay the tax  Note: Maryland and many other states were really trying to get rid of the US Bank. They believed that the US Bank was unconstitutional, given that Congress possesses no enumerated power concerning a bank  Question 1: is the US Bank properly in existence? (does congress have the power to create a bank?) o Answer: the power to create a bank must stem from a “necessary and proper” power, not necessarily one that is specifically enumerated  Holding: John Marshall based the decision on his two primary principles: o Broad construction of the Constitution o National Supremacy  Marshall saw many enumerated powers (coin money, tax, regulate value of money, borrow money, spend money) that would give Congress a “necessary and proper” basis to create a bank. The bank was legal and it was constitutional: o Congress may use “any means at its disposal, not prohibited by the Constitution: to achieve those ends. This refers to IMPLIED POWERS  Question 2: does a state have the power to tax, and does the power to tax extend to everything within the state’s borders? o Answer: yes, states do indeed have the power to tax, but, no, the principle of national supremacy logically does not allow a state to tax the national government. Why?
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