Essay Expansion of Federal Power

979 Words Oct 20th, 2008 4 Pages
A. Powers of National Government under the Constitution:

1. Supremacy of National Law: The Constitution and federal law are the supreme law of the land; they pre-empt state constitutions and state law. Article 6, section 2 explains that when a dispute occurs between the state and national government the national government pre-empts conflicting state and local laws, making them unenforceable. The hierarchy of the law is as follows: - U.S. Constitution. - Federal law (under constitution) and treaties made by the national government. - State constitution - State law and local ordinances

An example would be when a California law allowed a state official to classify arriving immigrants, the U.S. Supreme Court
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The national government will use the funding as a means to control areas of the state that they were not granted authority over. They can get laws and policies implemented as they wish.

2. Project Grants: Congress appropriates a certain sum, which is allocated to state and local units and sometimes to nongovernmental agencies, based on applications from those who wish to participate.

An example would be grants by the National Science Foundation to universities and research institutes to support the work of scientists. This grant may come with restrictions on other areas of the state, such as requiring the states to not allow racial discrimination. The grant would be revoked if the state did not follow the rule.

C. The Decisions of Federal Courts

1. Gibbons V Ogden (1824)- The case started from an attempt by the State of New York to grant a monopoly of steamboat operation between New York and neighboring New Jersey. Robert Fulton and Robert Livingston were granted such exclusive rights. They licensed the New Jersey operator Aaron Ogden to operate the ferry between New York City and Elizabeth Point in New Jersey. Thomas Gibbons was operating a competing ferry service which had been licensed by Congress in

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