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Learning objectives

By the end of this section, you will be able to:

  • Describe how federalism has evolved in the United States
  • Compare different conceptions of federalism

The Constitution sketches a federal framework that aims to balance the forces of decentralized and centralized governance in general terms; it does not flesh out standard operating procedures that say precisely how the states and federal governments are to handle all policy contingencies imaginable. Therefore, officials at the state and national levels have had some room to maneuver as they operate within the Constitution’s federal design. This has led to changes in the configuration of federalism over time, changes corresponding to different historical phases that capture distinct balances between state and federal authority.

The struggle between national power and state power

As George Washington’s secretary of the treasury from 1789 to 1795, Alexander Hamilton championed legislative efforts to create a publicly chartered bank. For Hamilton, the establishment of the Bank of the United States was fully within Congress’s authority, and he hoped the bank would foster economic development, print and circulate paper money, and provide loans to the government. Although Thomas Jefferson , Washington’s secretary of state, staunchly opposed Hamilton’s plan on the constitutional grounds that the national government had no authority to create such an instrument, Hamilton managed to convince the reluctant president to sign the legislation.

The Lehrman Institute. “The Founding Trio: Washington, Hamilton and Jefferson.” http://lehrmaninstitute.org/history/FoundingTrio.asp

When the bank’s charter expired in 1811, Jeffersonian Democratic-Republicans prevailed in blocking its renewal. However, the fiscal hardships that plagued the government during the War of 1812 , coupled with the fragility of the country’s financial system, convinced Congress and then-president James Madison to create the Second Bank of the United States in 1816. Many states rejected the Second Bank, arguing that the national government was infringing upon the states’ constitutional jurisdiction.

A political showdown between Maryland and the national government emerged when James McCulloch, an agent for the Baltimore branch of the Second Bank, refused to pay a tax that Maryland had imposed on all out-of-state chartered banks. The standoff raised two constitutional questions: Did Congress have the authority to charter a national bank? Were states allowed to tax federal property? In McCulloch v. Maryland , Chief Justice John Marshall ( [link] ) argued that Congress could create a national bank even though the Constitution did not expressly authorize it.

McCulloch v. Maryland , 17 U.S. 316 (1819).
Under the necessary and proper clause of Article I , Section 8, the Supreme Court asserted that Congress could establish “all means which are appropriate” to fulfill “the legitimate ends” of the Constitution. In other words, the bank was an appropriate instrument that enabled the national government to carry out several of its enumerated powers, such as regulating interstate commerce, collecting taxes, and borrowing money.

Questions & Answers

what's the difference between a Senate house and the parliament
Irene Reply
wat is decentralization
Irene Reply
Good question? its another way of emphasizing locality as a first principle value. assumed is self suffiency, sustainability, redundancy in critical systems but most of all it represents an individual citizens liberty; our rights, a dependence from and freedom from centralized power.
Lance
tnx
Irene
it's also assumed that this freedom is critical to our ability and advantages to be resilient. our full capacity to adapt w out any headwinds or yoke from an over reaching central world power as found in empires and dynasties or for example global neoliberalism virus.
Lance
Well said Lance! It's easy to forget how decentralized our government is. Local people have skin in the game.
Micah
Is it possible for a serious third party to emerge in the United States, positioned ideologically between the Democrats on the left and the Republicans on the right? Why or why not?
Richard Reply
Yes it's possible, but with the two-party system not likely. Here is why: when you have a strong right wing and a strong left wing the results you actually get are closer to the center. In fact, the point of having two parties is to keep the argument going and produce these centrist results.
Micah
meaning of civil service
Omohowho Reply
create the most between the competing value of indivualism and limited government
Dora Reply
civil liberties basic freedoms while civil rights are basic right to free from discrimination based on characteristics of race, disability, color national origin, gender, and other..
Sexy Reply
yes I think so
Omohowho
what is the categories of federalism
Official Reply
hi
Austin
yh
Irene
what is racism
Favour Reply
international political economy
Diana Reply
I'm not sure what this app is again, I'm over worked, tired, alone and I have a slight cold. my neighbor jumped me and sucker punched me yesterday, and today I'm trying to keep the tooth that took the hit. My exwife is in jail, her trailer impounded, and the dogs are @ The City Pound. 😢😥😴
Shannon
you sure it's a cold 😷 not covid 19
Don
well I think the Real Truth About COVID-19 Is... Alchohol, the info and numbers all line up. AA has infiltrated the US Government. And Since I'm Getting into Recovery for Drugs and I'm No longer an Alcoholic, it's a conspiracy to keep me from using Alchohol to aid in my Drug Recovery. But ....
Shannon
let's just keep this between us. ;) No Ask No Tell, OK?
Shannon
I know nothing but here's a little secret from a recovering alcoholic/addict once an alcoholic always an alcoholic you can treat the symptoms but never be cured I wish you the best of luck tho my friend if you ever need someone to help you through a rough spot let me know
Don
Ya shuts this is coming to me from an government app you'll help me right dawn on to my face and then laugh at me and say you bring it all on your self I'll be sure to call on you when I need help like to 200.00 a month and can't work the help you already give me shure thing
Luretta
what's are the features,merits and demerits of power
Emmanuela Reply
the most loyal supporters of democrats are
Paulina Reply
the intent to push polls is to
Ivan Reply
I cannot seem to find a clear answer to why the house is stronger than the senate, and every guess I make the check answer says is wrong.
girunit Reply
What is foreign policy
WONDERS Reply
What is government
WONDERS
What is a supreme court
WONDERS
Who is a solicitor
WONDERS
Three majors the National Liberation council adopted to transfer powers to the civilian government
Boateng
What is bureaucracy
WONDERS Reply

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Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
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