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Terms in this set (60)

a. Federalism-the sharing of power between a central government and equally sovereign regional governments.
b. Supremacy clause -The clause in United States Constitution's Article VI, stating that all laws made furthering the Constitution and all treaties made under the authority of the United States are the "supreme law of the land." Chief Justice John Marshall interpreted the clause to mean that the states may not interfere with the functioning of the federal government and that federal law prevails over an inconsistent state law. strengthened by MaColluch vs Maryland
c. 10th amendment. Reserved powers. States can create police powers. full faith and credit clause.
d. McColloch v. Maryland (1819)
Maryland questioned the legality of a congressionally created bank in Baltimore where McCulloch was the chief Cashier. Maryland passes a law that requires all banks within its border not created by the state to pay a $15,000 tax to force the U.S. bank out of state and to overcome the federal government's power. McCulloch refused to pay tax. Case was brought to Marshall's supreme court.
Can congress create a bank? Can a state tax a federal institution? Court sided with the national government.
Banking was very much the federal government's business.
denoted implied powers in the constitution.
federal law will override state law.

Gibbons v Ogden (1824)
New York Government granted Robert fulton (inventor of steamboat) exclusive rights to operate on the Hudson River. Congress authorized a coast guard ship to sail on the same waterway. Fulton and NY wanted to sustain monopoly, and argue that the commerce clause empowered Congress to regulate only actual goods. Marshall and the Supreme Court sided with the federal government.

UUS v Lopez
Supreme court sided with state sovereignty saying they overreached.