Dual Federalist System

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There were many flaws with the Articles of Confederation for example there was not an executive branch. In article two section one of the Constitution they made it so the President had executive power along with a Vice President. Another issue was the fact that there were not any federal courts. This was changed in article three section one and two, and they stated that the judicial power will be held by one supreme court with inferior courts. There also was no power to tax or regulate commerce. In article one section eight this was addressed by changing it so that congress has the power to set and collect taxes while regulating commerce among the states and along with foreign nations. Article one also addressed the issue of no power to control…show more content…
Sometimes these overlap” (Andersen 16). The constitutional foundations are found in the enumerated powers. These are simply federal powers. While the concurrent powers are the ones that overlap between the state and federal level. The supremacy clause says that, “the Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land” (US Const. art VI); This basically says that the Constitution is the supreme law of the land. If a state law conflicts with federal law or is even unconstitutional then it cannot be enforced. The federal laws will always triumph the state…show more content…
Maryland set a precedent for, “the expansion of the federal government 's powers through its ruling on the powers of Congress and the supremacy clause” (Bardes 2.4a ln 5-6). The ruling helped strengthen the necessary and proper clause and the supremacy clause. Justice Marshall ruled that the Maryland bank was constitutional because of the necessary and proper clause. This is because it is, “an extension of Congress 's power to tax, spend, and regulate interstate commerce” (Bardes 2.4a ln 19-21). The ruling also made it so states could not tax the federal government. The supremacy clause of the ruling deal with the fact that “the people of all states had entrusted the national government with the power to tax and create laws. Since federal institutions are entrusted with power by the people of several states, individual states do not have the power to tax federal government institutions or otherwise place limits on Congress.” (Bardes 2.4a ln 21-25). This decision made it clear that states held the power to taxes within their own boundaries. McCulloch v. Maryland set the standard for the role of the states in relation to the federal government when it came to national
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