The National Government was delegated the power of National Supremacy along with the Necessary and Proper Clause and Commerce to help govern the nation and the states. Define and discuss the evolution of Federalism in the United States.
Your paper should answer these three questions:
- Discuss how Justice Marshall defined National Supremacy in McCulloch v. Maryland (1819) and the courts construction of Dual Federalism (what is it, when was it applied?) in Barron v. Baltimore (1833) and Dred Scott v. Sanford (1856).
- Contrast the Marshall and Taney Court’s rulings with those of Cooperative Federalism (what is it, when was it applied?). Discuss Congress and the Court’s use of the Necessary and Proper Clause, Interstate Commence Clause and 14th Amendment in implementing this stage of federalism.
- Compare the Supreme Court’s rulings during Cooperative Federalism with the ruling in U.S. v. Lopez (1995) or any other cases from the Rehnquist or Roberts’ Court defining New Federalism (what is it, when was it applied?).