FAD - Federalism Lesson

Federalism

One question that has been asked continually since the Constitution was enacted, is "How much power does the national, or federal government have?" Throughout our nation's history this question has been challenged. Whether it be the issue of nullification during the Civil War, or desegregation during the Civil Rights Movement, this issue rears its head in many scenarios.

One of the most significant court cases that first challenged the implied powers of Congress was McCulloch v. Maryland. In this case, Chief Justice John Marshall ruled that although the Constitution does not specifically enumerate creating a national bank, which was the focus of the case, it does grant Congress the power to "make all laws necessary and proper for carrying into execution the foregoing power." In other words, the Constitution didn't specifically call for a national bank, but in order to carry out its expressed powers, chartering a national bank was "necessary and proper."

The balance of power between the national and state governments has changed over time based on U.S. Supreme Court interpretation of such cases as McCulloch v. Maryland as well as United States v. Lopez (1995.) United States v. Lopez ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control.

Facts Behind the Case	This is where you write the incidents that led to this case going before the Supreme Court.
Question(s) For the Court to Consider	Every case before the Court has one or more constitutional questions that need to be addressed. So you would not write, "Are all Americans guaranteed a lawyer under due process?" Instead, write, "According to the Constitution, is every American entitled to a free lawyer under the due process clause of the 14th Amendment?"
Amendment or Constitutional Clause in Question	What part of the Constitution is being questioned? If a law is being reviewed, you should list that also.
Court Vote	This is easy. For example, 5-4, 9-0, etc.. Sometimes the vote will not be provided.
Court Decision (Precedent)	This is where you write how the Court answered the question(s) you wrote above.
Reason for Court's Decision	Most important part--Why did the Court rule like it did? All Court decisions go into great detail about why they reached the decision they did.

 

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