THE MAN WHO SHAPED

FEDERALISM…

Chief Justice John Marshall

1801-1835

Under Chief Justice John Marshall, a broad interpretation of the Constitution was set in place, allowing the power of the federal government to remain superior to the power of the states.

McCulloch v. Maryland

Marshall/McCulloch view: • Congress has power to charter a national bank (necessary and

proper clause)• Maryland cannot tax a federal bank Maryland view: • Congress does not have the power to charter a national bank

(necessary does not mean essential)

Gibbons v. Ogden

Gibbons/Marshall view: Congress has the power to regulate commerce so

New York cannot grant licenses to steamboat businesses Ogden view:

Monopoly from New York gives him the right to run his business

DUAL FEDERALISM

State and National Governments are equal according to

Federalism & The Civil War

Issue of Federalism + Issue of Slavery = Civil War

“War between the States” vs. “A Civil War”