1) Describe the federal system as formulated in the original design of the Constitution. Explain how federalism has evolved or changed since the writing of the Constitution, particularly in terms of the establishment of national supremacy. 2)Explain what happened in the Supreme Court cases of McCulloch v. Maryland and Gibbons v.Ogden? What is the importance of each case to the distribution of powers between the states and the national government? The McCulloch v. Maryland and Gibbons v. Ogden cases both dealt with the cloudy dispersion of power between the state and federal governments. In McCulloch v. Maryland, Chief Justice John Marshall established the existence of "implied powers". These powers, not specifically enumerated in the Constitution, included enacting legislation "necessary and proper" to carry out the role of the federal government. In the Gibbons v. Ogden case, Chief Justice Marshall again ruled in a manner that favored the federal government's power. He decided that licenses issued by the government superceded those issued by states by citing the commerce clause in Article 8 of the Constitution. Both cases demonstrate a conflict of interest between the federal governments and those of the states. Both decisions asserted the federal government's dominance allocated by supremacy clause found in Article VI of the Constitution.

mar 16 2009 ∞
mar 16 2009 +