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American Government Lecture Two 2007 (view source)
Revision as of 03:29, September 20, 2007
, 03:29, September 20, 2007→Key Decisions concerning Federalism: - just fixing a spelling error, apologies to Andy
The [[Supreme Court]] is part of the federal government, and until recently it has consistently expanded federal power. This is self-serving and predictable. Many, unfortunately, like to seize more power for themselves. Also, many judges tend to enjoy exercising authority over others.
The [[Supreme Court]] is part of the federal government, and until recently it has consistently expanded federal power. This is self-serving and predictable. Many, unfortunately, like to seize more power for themselves. Also, many judges tend to enjoy exercising authority over others.
In ''Marbury v. Madison'' (1801), the [[Supreme Court]] grabbed the power to invalidate laws of [[Congress]] as unconstitutional. This is known as the principal of “judicial review.” It affects the relative power of the Supreme Court with respect to Congress. It does not affect federalism, because the states were not involved.
In ''Marbury v. Madison'' (1801), the [[Supreme Court]] grabbed the power to invalidate laws of [[Congress]] as unconstitutional. This is known as the principle of “judicial review.” It affects the relative power of the Supreme Court with respect to Congress. It does not affect federalism, because the states were not involved.
In ''McCulloch v. Maryland'' (1819), the [[Supreme Court]] decided a contest between the federal government and the state of [[Maryland]]. Guess which side the [[Supreme Court]] chose? The federal government, of course, because that is what the [[Supreme Court]] itself is. It held that the Necessary and Proper Clause of the [[Constitution]] gives [[Congress]] broad powers. The states cannot interfere with a law passed by [[Congress]]. (In this case, [[Maryland]] tried to tax the national bank operating within its state. The Court voided the tax.)
In ''McCulloch v. Maryland'' (1819), the [[Supreme Court]] decided a contest between the federal government and the state of [[Maryland]]. Guess which side the [[Supreme Court]] chose? The federal government, of course, because that is what the [[Supreme Court]] itself is. It held that the Necessary and Proper Clause of the [[Constitution]] gives [[Congress]] broad powers. The states cannot interfere with a law passed by [[Congress]]. (In this case, [[Maryland]] tried to tax the national bank operating within its state. The Court voided the tax.)