POLS 015B Lecture Notes - Lecture 7: Dred Scott, Commerce Clause, Missouri Compromise

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18 Sep 2017
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POLS 15B Lecture 7 Chapter 3 Discussion
I. Federation
a. federation: hybrid between unitary and confederal
i. dual sovereignty
b. pros
i. not too powerful
ii. moderate power
iii. strengthens government
II. Expressed Powers
a. Also known as:
i. Enumerated powers
ii. Delegated powers
b. Grants of power
c. Supremacy Law
i. Constitution is supreme law of the land
1. Cannot ignore!
d. 10th amendment
i. Powers not given to national government are granted to states
III. Federalism
a. federalism: system of dual sovereignty
b. confederation: power flows from bottom up (states have power)
c. Government can pass laws if necessary and proper
IV. Undefined Era (1787-1865)
a. People not sure how far national government can go
b. McCulloch v. Maryland (1820)
i. Nothing in Constitution states that the U.S. can make national bank
ii. Maryland had already passed law saying that any banks not chartered by
the state needs to be taxes on all transactions
1. McCulloch refused to pay this tax
iii. Ruling in favor for national bank
1. “spheres of influences”
iv. Expansion of power
c. Gibbons v. Ogden (1824)
i. Commerce Clause
ii. Ogden went to New York to negotiate right to operate steam ships in that
state
iii. Gibbons wants to do the same, but between New Jersey and New York
1. Ogden didn’t want Gibbons to operate in New York
iv. However, only the government is allowed to manage commerce
1. New York not allowed to sign off rights to an individual
v. There were arguments over the definition of “commerce
vi. Expansion of power
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