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The Supreme Court And Its Effects On The Balance Of Power Between Federal And State. (Mc Cullogh V Maryland, Lochner V Ny, Nebbia V Ny) The Role Of Supreme Court In Relation To Federalism.

2020 words - 8 pages

The Supreme Court's most highly regarded responsibility is to decide cases that raise questions of constitutional interpretation. The Supreme Court has been mixed up with many legal and political scuffles concerning the proper balance of power between federal power and states rights. Federalism has been an ongoing debate and how it should be dealt with has also been questioned. Federalism is the uniting of separate states to allow for basic political honesty. Often times, it has been claimed that some interpretations of the Constitution by the Supreme Court Justices has caused states to be intruded by federal power. Other times, the interpretations of the Constitution have been used to benefit the state if and only if there has been a compelling interest to the state. Certain situations and certain time periods may bring about a more loose or strict interpretation of the Constitution causing a different decision by the justices. The Constitution was written at a specific time and things have changed since the initial writing of it. Consistency is not a necessary condition to make judgments. In the following statements and legal reasoning through three cases, one will see how the balance of power between federal power and state rights is relevant with respect to social and political issues of that time frame, and if the Supreme Court had the right to play the role they did. One significant case was McCulloch v. Maryland, which took place in 1819. In 1816, the Federal government put into effect a charter for the Second Bank of the United States. Maryland statute prohibited all banks not chartered by Maryland to issue bank notes, unless they paid an annual tax of $15,000 or a $500 fine for each note issued. McCulloch, chief officer of the bank in Maryland, issued notes ignoring Maryland law. The Maryland courts decided against him, but after taking his case to the Supreme Court, under the hands of Justice Marshall, the Maryland law was declared to be unconstitutional and void. In order to address this case, two separate powers need to be looked at. The first power is the necessary and proper clause of Article II Section 8, and the second power is the tenth amendment of the Constitution. The necessary and proper clause needed to be settled in this case, and was given much attention. It stated, "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States..." The tenth amendment, established in 1791, states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to States respectively, or to the people." So, what was to be done? Marshall viewed this as Maryland interference of a functioning federal agency. At this point in history, the War of 1812 had just settled, and the federal government needed to reunite and resettle. This was not a time for...

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