Federalism The Necessary and Proper Debate The Necessary

Federalism The “Necessary and Proper” Debate

The Necessary & Proper Debate ØFrom the beginning, the meaning of federalism has been open to debate

Alexander Hamilton’s View Ø In the late 18 th century, Alexander Hamilton-the first Secretary of the Treasury—championed loose construction Ø View that the Constitution should be broadly interpreted

Hamilton’s View Ø The national government (created by the founding fathers) represented the “supreme law of the land” (Article 6, Section 2) and its powers should be liberally construed

Thomas Jefferson’s View Ø Federal government was the product of an agreement among the states and that the main threat to personal liberty was likely to come from the national government

Jefferson’s View Ø Strict construction is the opposite view of Hamilton’s loose construction Ø Required that the powers of the national government should be narrowly construed and sharply limited

“Necessary & Proper” Debate Ø Famous clash in interpretations of the Constitution shaped the political culture of the U. S. for many years Ø Still a matter of dispute today

The “Necessary and Proper Clause” Ø Realizing that they could not make a comprehensive list of powers for the national or the state government, the founders added to Article I the “necessary and proper clause” Ø Section 8, Clause 18

The “Necessary and Proper Clause” Ø Congress shall have the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”

The “Necessary and Proper Clause” Ø Hamilton’s arguments for national supremacy relied heavily on the “necessary and proper” or “elastic” clause

The “Necessary and Proper Clause” Ø Jefferson’s states rights point of view rested partially on the 10 th Amendment that reserves powers to the states

What is the significance of Mc. Culloch v. Maryland?

Mc. Culloch v. Maryland Ø During the 19 th century, the Supreme Court tipped the balance of the debate to national supremacy Ø Point of view that the national government should have relatively more power than the states

Mc. Culloch v. Maryland Ø Chief Justice John Marshall advocated this view in a series of decisions Ø Including the influential 1819 case known as Mc. Culloch v. Maryland

Mc. Culloch v. Maryland Ø Case arose when James Mc. Culloch, the cashier of the Bank of the U. S. in Baltimore, refused to pay a tax levied on the bank by the state of Maryland

Mc. Culloch v. Maryland Ø When state officials arrested him, Mc. Culloch appealed to the Supreme Court Ø Court’s opinion set an important precedent that established national supremacy over states rights

Mc. Culloch v. Maryland Ø Case questioned the right of the federal government to establish a bank, since no such specific right is enumerated in Article I

Mc. Culloch v. Maryland ØThe case established the doctrine of implied powers —giving the federal government this right

Mc. Culloch v. Maryland Ø Marshall ruled the Maryland law that established the tax unconstitutional with his famous statement: Ø “The power to tax is power to destroy”

Mc. Culloch v. Maryland Ø The power to destroy a federal agency would give the state supremacy over the federal government, so the states may not tax a federal agency

The Nullification Controversy Ø The issue continued to rage during the early 19 th century Ø Eventually James Madison and Thomas Jefferson defined the states point of view as nullification

The Nullification Controversy Ø Right of a state to declare “null and void” a federal law that, in the state’s opinion, violated the Constitution

The Nullification Controversy Ø Before the Civil War, John C. Calhoun led the charge for southern states that claimed the right to declare “null and void” any attempts by the national government to ban slavery

The Nullification Controversy Ø The issue was settled with the northern victory in the Civil War that determined once and for all that the federal union is indissoluble and that the states cannot declare acts of Congress unconstitutional

Review Ø What view of the Constitution was championed by Alexander Hamilton? Thomas Jefferson? Ø Why is this still a matter of dispute today? Ø Explain the significance of Mc. Culloch v. Maryland Ø What was the “nullification” controversy?