An Imperfect Union: Slavery, Federalism, and Comity
An Imperfect Union Slavery Federalism And Comity …
Two questions were at the heart of the case. Was the bank constitutional? If it was, could a state tax it? Citing the elastic clause () as the basis of the Court's decision, Marshall explained that even though the word "bank" cannot be found in the Constitution, the enumerated powers to tax, issue currency, and borrow money "implied" the power to create a bank. And no, the bank could not be taxed by a state because "the power to tax involves the power to destroy." States' rights supporters believed Marshall wrongly ignored the 10th Amendment, which reserved all powers not granted to the Congress to the states and the people.
Imperfect Union Slavery Federalism And Comity
By the mid-19th century, when slavery and tariffs became controversial issues between North and South, states' rights were again a central focus. , senator from South Carolina and eventually Vice-President from 1825 to 1832, claimed that states had the right to , or reject, a federal law. For example, when a tariff act negatively affected South Carolina, Calhoun declared that the state could declare the tariff within its own borders.
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Although the Civil War forever changed the nature of federalism, it did not destroy states' rights. Instead, the power of the central government remained quite limited until the economic crisis of the 1930s. The devastating effects of the Great Depression led many people to demand that the federal government take drastic action. The innovative programs of Franklin Roosevelt's "New Deal" ushered in a new era in American politics.
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Many feared that if a state rejected a new provision passed by Congress, then it also had the right to from the union. Decades later, South Carolina tested this notion by declaring independence from the United States. When other southern states followed suit, objected, and the Civil War began. With the South's defeat in 1865, national supremacy was once again affirmed, and states have never again claimed the right to secede.