POLS 110 1st Edition Lecture 5Outline of Last Lecture I. Federalism National and State Sovereignty: the argument for FederalsimII. Powers delegated to the national governmentIII. Powers denied to national governmentIV. Powers delegated to the states Outline of Current Lecture I. Powers Denied to StatesII. Powers Shared by BothIII. Powers Denied to bothIV. The Supremacy ClauseV. Relationship between the statesVI. The First Crisis of Federalism: McCulloch v. Maryland (1819)VII. The Supreme CourtCurrent LectureI. Powers Denied to StatesA.Cannot sign treaties with other nations1. Cannot print money2. Must treat all contracts, judicial decisions, divorces, marriages, wills, etc. across state borders as legal documents (Full Faith and Credit Clause)3. Does not apply to something like license to drive because it is a permit to driveII. Powers Shared by BothA. “Concurrent” Powers1. list of powers state and national share (with some limitations)2. establish courts3. enforce lawsThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.4. provide for the “general welfare” of the population (an umbrella phrase to be in our best interest; however, so vague it creates problems)5. Impose and collect taxesA. Powers denied to Both1. cannot grant titles of nobility2. cannot deny the right to vote based on gender (19th Amendment)3. cannot deny right to vote based on color, race, previous condition of servitude (15th Amendment)IV. The Supremacy ClauseB. Article VI of ConstitutionB.If national law and state law come into conflict, the national law supercedes thestate law (but is it based on intent to cause conflict? Defining conflict is what the Supreme Court struggles with)4. Determining when the laws actually conflict becomes a matter for the courts to decideE.An example: None of the Southern laws clearly said African Americans can’t vote, but laws like voters have to prove they can read and write essentially denied them their right to voteV. Relationships between the States5. Full Faith and Credit Clause6. citizens from other states must e given the same legal rights as citizens within the state (Article IV, Section 2)7. Governors have a moral (not legal) obligation to send criminals to states inwhich the criminal in question is wanted (Extradition Clause)8. States allowed to settle disputes or create agreements between eachotherusing “Interstate Compacts” with the okay of Congress. (Ex: MN and WI have reciprocity for residents of either state to pay essentially in state tuiton)VI. The First Crisis of Federalism: McCulloch v. Maryland (1819)A.First big test of Supreme CourtB.The case defines the relationships between the national and state lawa. C.The national government established a banking system to regulate currencyD.States, fearing the national government would take over the banking system, oppose the banksE.Maryland, in attempt to shut down the national bank in Baltimore, levies a $15,000 tax; when Maryland tried to collect the tax, the bank’s cashier, McCulloch, refused to paya. Maryland took McCulloch to state court and wonb.McCulloch appealed to the U.S. Supreme Court 1. proposal: open more than 1 national bank which was in D.C.2. McCulloch goes to jail even though the national government told him not to pay the tax. VII. The Supreme CourtA.2 different issues to consider:1. Should then national government even be allowed to establish a national banking system2. If the bank CAN be created, are the states allowed to tax the bankB.John Marshall, Supreme Court Justice, very powerful and served it longer than anyone in history pushed for a strong national government1.under him Supreme Court ruled: the Creation of a national bank was an appropriate implementation of the elastic clause as a way to manage the flow of currency2.Also ruled that the states could not tax the bank and said, “Power to tax is power to