Taney’s opinion, on the other hand, would differ greatly from a Marshal opinion. Taney supports the dual federalism perspective, which holds that the state and national governments are equal in power, and places much emphasis on the Tenth Amendment. From Taney's opinion in Scott v. Sandford, it is evident that Taney holds an enclave view of the Tenth Amendment, meaning that there are areas of delegation specifically reserved to the states and the the federal government cannot intrude on. In the Scott v. Sandford ruling, Taney stated that Congress was out of line and had no power to regulate slavery in the territories. This court opinion invalidated the already repealed Missouri Compromise, demonstrating Taney’s support of the states overturning federal legislation that impeded on state sovereignty.
The first method the Constitution protects against tyranny is Federalism. Federalism is the division of power between state and national government. In Document A it interprets that the governments will each have a portion of power and not be able to have all the power. This evidence helps explain why the Constitution guards against tyranny because Federalism will allow both governments to have limited powers. Another method the Constitution protects against tyranny is Separation of Powers.
A lot of states didn’t like this because there was nothing in the Constitution that says Congress can do this. So the state of Maryland decided to try and get rid of it, by taxing it. So the question was can a state tax a federal bank and can Congress create a national bank that states have to live with? Chief Justice John Marshall found the Necessary and Proper Clause gave Congress the flexibility to create the bank as an aid to carrying out its enumerated borrowing and taxing powers and that Maryland’s taxation of the bank violated the Supremacy Clause. Another example of Congress’ power to make laws was the U. S. vs. Comstock case which gave a wide understanding of the Necessary and Proper Clause.
In doing so their focus constrained national government but left a loose string as to what the states and their constitutions could do. An example of the Federal system gaining power over the states would be McCulloch v Maryland. A Landmark Supreme Court case that defined whether the federal government has inherent powers and whether the state has the right to tax a federal entity. This brought forth the idea of the Necessary and Proper
This means, the states are free to govern themselves and all powers not given to Congress by the Articles of Confederation belong to the States. Article II quickly caused problems for the Congress because it had little authority over the sovereign states in terms of enforcing laws. Another weakness was, Congress didn’t have the power to tax. For example, Congress could send an invoice saying that a state needs to pay taxes, but the state could essentially just rip up the invoice and refuse to pay because Congress didn’t have the power to collect
The Constitution was twisted in many ways by the court in this case. Since slaves were considered property, the government couldn 't constitutionally justify taking me away from my owner. The government also couldn 't prohibit slavery or stop it from spreading to free states. This argument is from amendment 10 in the constitution that states that the federal government only has powers that are delegated to them by the states or the people through the constitution. In other words, if the constitution doesn 't prohibit something, the court can 't prohibit it.
The state government choose not to apply sale taxes to states like Delaware, Montana, Oregon and New Hampshire. Then there are the national taxes that all the states must pay like tobacco tax and gas tax. The enumerated powers are the powers that only the national government can complete like coin money and provide a army. The distribution of powers allows each level to obtain power without one gaining too much power and limiting the power of
In the end, a majority of the judges ruled that the section 2 of the VRA is too ambiguous, thus the section cannot be applied to the felony disenfranchisement laws in New York, as the original intent of the VRA was not focused on felon disenfranchisement laws (“Key Issues in Hayden v. Pataki”). However, based on the dissenting opinions of Judge Sonia Sotomayor, the second section of the Voting Rights Act clearly states that no state should be able to pass a law that emplaces a “voter qualification”, which bars a certain racial minority’s ability to vote (Goldstein
During the civil war era the nullification and secession in the South was perfectly constitutional. According to the Compact theory, the federal government is only powerful due to the power of the states, therefore, the state’s have a say in the federal government and their rights. The South failed even though secession and nullification was constitutional only because the North had a more powerful army than the South and were able to overpower them. Nullification is a legal theory that a state has the right to invalidate any federal law in which that state deems as unconstitutional. Courts at the state and federal level have rejected this theory due to the Supremacy Clause which stipulates that in the case of a conflict against federal and
“Federalism is a system of government in which entities such as states or provinces share power with a national government. The United States government functions according to the principles of federalism.” Implied powers doctrine came out by the State of Maryland to block the operations of federally supported Second Bank of the United States. The state Legislature placed a tax on notes held by all banks originally built outside of the state. It didn’t speak of the Second Bank, the Supreme Court discovered that it could establish that this was the reason of the law, given that no other out of state banks existed in Maryland. The Supreme Court said no to the actions of the state by finding that the Federal Government held implied powers under the Constitution, it exercised by creating federal banks.