Federalism Before the Civil War and Duel Federalism

Anne, Kimber, Chloe

http://upload.wikimedia.org/wikipedia/commons/b/b9/CJMarshall.jpg

Chief Justice (1801-1835)

•Interpreted the Constitution in its early days

•So, these decisions established PRECEDENTS that directed the course of federalism

•He tended to relegate powers to the national government

Important Supreme Court

Cases

McCulloch v. Maryland –1819–Necessary and Proper Clause

Gibbons v. Ogden –1823–Commerce Clause

The Concept of Dual Federalism

Dual Federalism: • The idea that having separate

and competing branches of government is the best and most effective form of government.

• The federal government does

not have more power than the state government but has a different type of power and duties.

The 10th Amendment: • Powers not given to the federal

government are reserved for the state government.

Dual Federalism and

the Civil War

• States that relied on slave labor opposed the federal government outlawing slavery.

• Doctrine of Secession: States could choose to disband from the United States if they had strong disagreements concerning laws and policies established by the national government.

Outcome: • The Constitution was amended in order to stop certain

allegations of state’s power.

In Conclusion

Although John Marshall favored a stronger national government, the idea of dual federalism persisted during this time and was one of the causes of the

Civil War.

Work Cited

Shea, Daniel M., et al. “Federalism.” Living Democracy. Upper Saddle, NJ: Pearson Education, Inc., 2007. 86-88.

US Chief Justice John Marshall. 1835. "John Marshall." Wikipedia, The Free Encyclopedia. 16 Jan 2008. Wikimedia Foundation, Inc. 16 Jan 2008 <http://en.wikipedia.org/w/index.php?title=John_Marshall&oldid=184798711>.