Essay by xlicixCollege, UndergraduateB-, November 2014

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Alicia Mangru


1. Discuss the principle of federalism as outlined in the Constitution.

In Federalism, power is separated between the national government and the state governments. The Constitution both grants and denies these two forms of governments powers. The national government is responsible for delegate powers, which stem from the enumerated, implied, and inherent powers. On the other hand, the state governments are responsible for reserved powers, which come from the 10th Amendment. The 10th Amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Some powers for example, that are denied to the states include: being able to tax imports/exports, declare war, or deny the right to vote because of discrimination. One vital part of Federalism that is stated in the Constitution is the supremacy clause, which simply says that the Constitution, national laws, and treaties superior over state laws.

2. Discuss the case of McCulloch v. Maryland. Why is the case a landmark decision and still important today?

The case that handled the problem between the states and national government is known as McCullock v. Maryland, which involved the Second Bank of the United States. Many farmers, states, and Thomas Jefferson were against any chance where the national government got more control of the economy. One state that decided to rally against the bank was Maryland, who in 1818 taxed the Baltimore branch, $15,000 a year. In short, the case was taken to the Supreme Court. There were two decisions made: the first, the supremacy of the national government over the states, and the second, the national government has certain implied powers that go beyond its enumerated powers.