Federalism

Federalism Court Cases

Here are several cases that the Supreme Court decided that deal with Federalism.  For each case, click on the link and read through the case, and then answer the questions.  This assignment is due at the start of the next class period.

Marbury v. Madison – 1803
Was Marbury entitled to his appointment to the federal bench? Was his lawsuit the correct way to get it? And, was the Supreme Court the place for Marbury to get the relief he requested?

McCulloch v. Maryland – 1819
The case presented two questions: Did Congress have the authority to establish the Bank of the United States? Did the Maryland law unconstitutionally interfere with congressional powers?

Gibbons v. Ogden – 1824
Did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce?

United States v. Nixon– 1974
Is the President’s right to safeguard certain information, using his “executive privilege” confidentiality power, entirely immune from judicial review?

This assignment is due at the beginning of the next scheduled class period.

Federalism Reading Assignment

Read the following Federalist Paper and Court Case and answer the questions.  Both readings deal with Federalism.

Anti Federalist 17

What is the Anti-Federalist view on the Necessary and Proper Clause?  How does the Anti-Federalist feel about the enumerated powers granted to Congress?

McCulloch v Maryland

What were the principal arguments used by Chief Justice Marshall to justify the extension of congressional power to include the power to incorporate a bank.

This assignment is due at the end of the period in which it was assigned.