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The US Constitution and Federalism

Federalism before the Supreme Court

  • 3 things to know
  • A2 Unit 4

Overview

Recall questions on the Marshall Court's rulings, the New Deal confrontation, the commerce and anti-commandeering decisions of the 1990s, and the later cases on health care and voting.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Which two constitutional principles did McCulloch v Maryland establish?

Key term

What did Gibbons v Ogden (1824) establish?

Key term

What did the Court decide in United States v Lopez (1995) and why did it matter for federalism?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What did McCulloch v Maryland (1819) decide?

    Model answer

    That Congress had implied power to create a national bank, and that a state could not tax a federal institution.

  2. 2

    Which two constitutional principles did McCulloch v Maryland establish?

    Model answer

    Implied powers under the necessary and proper clause, and federal supremacy over conflicting state action.

  3. 3

    What did Gibbons v Ogden (1824) establish?

    Model answer

    A broad reading of the commerce clause, giving Congress authority over interstate navigation and commerce.

  4. 4

    Why is Chief Justice Marshall central to the growth of federal power?

    Model answer

    His Court's decisions established judicial review, implied powers, federal supremacy and a wide commerce power within its first three decades.

  5. 5

    How did the Court treat federal power during the early New Deal?

    Model answer

    It struck down several major programmes as exceeding the commerce power before shifting to accept them from 1937.

  6. 6

    What did the Court decide in United States v Lopez (1995) and why did it matter for federalism?

    Model answer

    It struck down a federal gun-free school zones law as beyond the commerce power, the first such limit in decades.

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CMuch of it happens where the public cannot see it.

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Statute law is enacted by the legislature.
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