The History of Federalism

By zwilliams03

  • McCulloch vs Maryland

    McCulloch vs. Maryland is considered a significant case in regard to federalism. Maryland did not want to compete with federal banks; thus, they imposed a tax that a James McCulloch refused to pay. Despite winning the case in a court in Maryland, the case made its way to the Supreme Court. Ultimately, Justice John Marshall ruled that the federal government's ability to set up a federal bank is implied rather than expressed. This was a victory for the federal government.

  • Gibbons v. Ogden

    One of the main issues in this case was figuring out how to define "commerce." The federal government has the right to regulate commerce under the Constitution. In this case, Aaron Ogden was prohibited from operating his boat in NY. Ultimately, Marshall ruled that decided commerce included all "business dealings," (86). Due to the fact that Thomas Gibbons was given permission by the federal government to operate his boat in interstate waters, New York could not stop him from doing so.

  • The New Deal

    Herbert Hoover insisted that unemployment was the responsibility of state governments instead of the federal government. FDR felt completely different, and very quickly got the federal government involved with stimulating the economy. His New Deal was direct federal government intervention that was aimed at getting America out of the Great Depression. His policies were largely based on federalism.

  • United States v. Lopez

    The 1995 case of United States v. Lopez was said to have signified that the federal government had overstepped its authority under the constitution. The act in question, the Gun-Free School Zones Act, banned the possessions of weapons near schools. Th Supreme Court wound up limiting the Supreme Courts authority under the Commerce Clause

  • United States v. Morrison

    This case alleged that Congress overstepped their authority when they passed the Violence against Women Act. The Court ruled against "regulation of noneconomic, violent criminal conduct," (97).

  • Gonzales v. Oregon

    The Supreme Court upheld a law that enables terminally ill patients to end their lives.

  • Affordable Care Act

    The Affordable Care Act comes under scrutiny by many who say that the federal government should not be able to penalize (tax) those who do not have health insurance. The Supreme Court upheld the law.