Federalism

1. Federalism The “Necessary and Proper” Debate

2. The Necessary & Proper Debate • From the beginning, the meaning of federalism has been open to debate

3. Alexander Hamilton’s View • In the late 18th century, Alexander Hamilton-the first Secretary of the Treasury—championed loose construction • View that the Constitution should be broadly interpreted

4. Hamilton’s View • The national government (created by the founding fathers) represented the “supreme law of the land” (Article 6, Section 2) and its powers should be liberally construed

5. Thomas Jefferson’s View • Federal government was the product of an agreement among the states and that the main threat to personal liberty was likely to come from the national government

6. Jefferson’s View • Strict construction is the opposite view of Hamilton’s loose construction • Required that the powers of the national government should be narrowly construed and sharply limited

7. “Necessary & Proper” Debate • Famous clash in interpretations of the Constitution shaped the political culture of the U.S. for many years • Still a matter of dispute today

8. The “Necessary and Proper Clause” • Realizing that they could not make a comprehensive list of powers for the national or the state government, the founders added to Article I the “necessary and proper clause” • Section 8, Clause 18

9. The “Necessary and Proper Clause” • Congress shall have the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”

10. The “Necessary and Proper Clause” • Hamilton’s arguments for national supremacy relied heavily on the “necessary and proper” or “elastic” clause

11. The “Necessary and Proper Clause” • Jefferson’s states rights point of view rested partially on the 10th Amendment that reserves powers to the states

12. What is the significance of McCulloch v. Maryland?

13. McCulloch v. Maryland • During the 19th century, the Supreme Court tipped the balance of the debate to national supremacy • Point of view that the national government should have relatively more power than the states

14. McCulloch v. Maryland • Chief Justice John Marshall advocated this view in a series of decisions • Including the influential 1819 case known as McCulloch v. Maryland

15. McCulloch v. Maryland • Case arose when James McCulloch, the cashier of the Bank of the U.S. in Baltimore, refused to pay a tax levied on the bank by the state of Maryland

16. McCulloch v. Maryland • When state officials arrested him, McCulloch appealed to the Supreme Court • Court’s opinion set an important precedent that established national supremacy over states rights

17. McCulloch v. Maryland • Case questioned the right of the federal government to establish a bank, since no such specific right is enumerated in Article I

18. McCulloch v. Maryland • The case established the doctrine of impliedpowers—giving the federal government this right

19. McCulloch v. Maryland • Marshall ruled the Maryland law that established the tax unconstitutional with his famous statement: • “The power to tax is power to destroy”

20. McCulloch v. Maryland • The power to destroy a federal agency would give the state supremacy over the federal government, so the states may not tax a federal agency

21. The Nullification Controversy • The issue continued to rage during the early 19th century • Eventually James Madison and Thomas Jefferson defined the states point of view as nullification

22. The Nullification Controversy • Right of a state to declare “null and void” a federal law that, in the state’s opinion, violated the Constitution

23. The Nullification Controversy • Before the Civil War, John C. Calhoun led the charge for southern states that claimed the right to declare “null and void” any attempts by the national government to ban slavery

24. The Nullification Controversy • The issue was settled with the northern victory in the Civil War that determined once and for all that the federal union is indissoluble and that the states cannot declare acts of Congress unconstitutional

25. Review • What view of the Constitution was championed by Alexander Hamilton? Thomas Jefferson? • Why is this still a matter of dispute today? • Explain the significance of McCulloch v. Maryland • What was the “nullification” controversy?