Federalism The “Necessary and Proper” Debate. The Necessary & Proper Debate From the beginning, the meaning of federalism has been open to debate

FederalismFederalism

The “Necessary and The “Necessary and Proper” DebateProper” Debate

The Necessary & Proper The Necessary & Proper DebateDebate

From the beginning, the From the beginning, the meaning of federalism has meaning of federalism has been open to debatebeen open to debate

Alexander Hamilton’s ViewAlexander Hamilton’s View

In the late 18In the late 18thth century, Alexander century, Alexander Hamilton-the first Secretary of the Hamilton-the first Secretary of the Treasury—championed Treasury—championed loose loose constructionconstruction

View that the Constitution View that the Constitution should be broadly interpretedshould be broadly interpreted

Hamilton’s ViewHamilton’s View

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

Thomas Jefferson’s ViewThomas Jefferson’s View

Federal government was the Federal government was the product of an agreement among product of an agreement among the states and that the main the states and that the main threat to personal liberty was threat to personal liberty was likely to come from the national likely to come from the national governmentgovernment

Jefferson’s ViewJefferson’s View

Strict constructionStrict construction is the is the opposite view of Hamilton’s loose opposite view of Hamilton’s loose constructionconstruction

Required that the powers of the Required that the powers of the national government should be national government should be narrowly construed and sharply narrowly construed and sharply limitedlimited

““Necessary & Proper” DebateNecessary & Proper” Debate

Famous clash in interpretations of Famous clash in interpretations of the Constitution shaped the the Constitution shaped the political culture of the U.S. for political culture of the U.S. for many yearsmany years

Still a matter of dispute todayStill a matter of dispute today

The “Necessary and Proper The “Necessary and Proper Clause”Clause”

Realizing that they could not Realizing that they could not make a comprehensive list of make a comprehensive list of powers for the national or the powers for the national or the state government, the founders state government, the founders added to Article I the added to Article I the “necessary “necessary and proper clause”and proper clause”

Section 8, Clause 18Section 8, Clause 18


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


Hamilton’s arguments for national Hamilton’s arguments for national supremacy relied heavily on the supremacy relied heavily on the “necessary and proper” or “necessary and proper” or “elastic” clause“elastic” clause


Jefferson’s states rights point of Jefferson’s states rights point of view rested partially on the 10view rested partially on the 10thth Amendment that reserves powers Amendment that reserves powers to the statesto the states

What is the significance of What is the significance of McCulloch v. Maryland?McCulloch v. Maryland?

McCulloch v. MarylandMcCulloch v. Maryland

During the 19During the 19thth century, the Supreme century, the Supreme Court tipped the balance of the Court tipped the balance of the debate to debate to national supremacynational supremacy

Point of view that the national Point of view that the national government should have relatively government should have relatively more power than the statesmore power than the states


Chief Justice John Marshall Chief Justice John Marshall advocated this view in a series of advocated this view in a series of decisionsdecisions

Including the influential 1819 case Including the influential 1819 case known as known as McCulloch v. McCulloch v. MarylandMaryland


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


When state officials arrested him, When state officials arrested him, McCulloch appealed to the McCulloch appealed to the Supreme CourtSupreme Court

Court’s opinion set an Court’s opinion set an important important precedent that established precedent that established national supremacy over national supremacy over states rightsstates rights


Case questioned the right of the Case questioned the right of the federal government to establish a federal government to establish a bank, since no such specific right bank, since no such specific right is enumerated in Article Iis enumerated in Article I


The case established the The case established the doctrine of implieddoctrine of implied powerspowers—giving the federal —giving the federal government this rightgovernment this right


Marshall ruled the Maryland law Marshall ruled the Maryland law that established the tax that established the tax unconstitutional with his famous unconstitutional with his famous statement:statement:

““The power to tax is power to The power to tax is power to destroy”destroy”


The power to destroy a federal The power to destroy a federal agency would give the state agency would give the state supremacy over the federal supremacy over the federal government, so the states may government, so the states may not tax a federal agencynot tax a federal agency

The Nullification ControversyThe Nullification Controversy

The issue continued to rage The issue continued to rage during the early 19during the early 19thth century century

Eventually James Madison and Eventually James Madison and Thomas Jefferson defined the Thomas Jefferson defined the states point of view as nullificationstates point of view as nullification


Right of a state to declare “null Right of a state to declare “null and void” a federal law that, in the and void” a federal law that, in the state’s opinion, violated the state’s opinion, violated the ConstitutionConstitution


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


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

Review Review

What view of the Constitution was What view of the Constitution was championed by Alexander Hamilton? championed by Alexander Hamilton? Thomas Jefferson?Thomas Jefferson?

Why is this still a matter of dispute today?Why is this still a matter of dispute today? Explain the significance of McCulloch v. Explain the significance of McCulloch v.

MarylandMaryland What was the “nullification” controversy?What was the “nullification” controversy?

Documents

Federalism The “Necessary and Proper” Debate. The Necessary & Proper Debate From the beginning, the meaning of federalism has been open to debate