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Last updated 1:41 AM on 9/17/26
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8 Terms

1
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McCulloch v. Maryland

The Supreme Court ruled that Congress had the implied power to create a national bank under the Necessary & Proper clause. Maryland could not tax the national bank because federal law is Supremacy under the Supremacy Clause.

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Lochner v. New York

The Supreme court struck down a New York limiting bakery workers to 60hrs work week, ruling that it violated the 14th Amendment protection of liberty of contract. The court treat the law as an unconstitutional interference with economic liberty.

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Wickard v Filburn

The court upheld federal limits on how much wheat a farmer could grow even though the wheat was intended for his own use. The court reasoned that individual activity could have a substantial cumulative effect on interstate commerce. Commerce clause article 1

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US v Lopez

The Supreme Court struck down the federal gun-free school act because carrying a gun near a school was not significantly connect to interstate commerce.

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Gideon V Wainwright

The court held that defendants who cannot afford an attorney have a right to appointed counsel in serious criminal cases, 6th Amendment Right to counsel, right applied to states through 14th amendment.

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Layered Cake/Dual Federalism 1789–1930s

federal government and state governments have separate areas of authority. generally responsible for things like foreign affairs, national defense, and interstate commerce, while states handled areas such as education, criminal law, and local government.

Founding through the early 20th century. The Supreme Court sometimes protected the distinction between state and federal powers. although McCulloch v. Maryland (1819) established that the federal government had implied powers and that federal law was supreme over conflicting state laws.

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Cooperative/Marble Cake Federalism 1930s–1960s

Developed during the New Deal era, beginning in the 1930s under President Franklin D. Roosevelt. Instead of having clearly separate responsibilities, the federal and state governments increasingly worked together to address national problems. The federal government provided funding and established programs, while state and local governments often helped administer them.

The Supreme Court generally gave Congress broader authority during this period, especially under the Commerce Clause. A major example is Wickard v. Filburn (1942), where the Court upheld broad federal power to regulate economic activity that could affect interstate commerce.

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Neotraditional/Layered Cake 2.0 federalism 1960s–Present

Represents a movement toward restoring a stronger role for state governments after decades of expanding federal power. The federal government still has significant authority, but states are given greater flexibility and responsibility in areas where they have traditionally exercised power. This approach is associated with ideas such as devolution, which means transferring responsibilities from the federal government back to the states.

The shift toward neotraditional federalism became particularly noticeable during the 1970s and 1980s, when presidents such as Richard Nixon and Ronald Reagan promoted greater state control and less federal involvement in certain areas. However, the federal government continued to exercise substantial power. Cases such as United States v. Lopez (1995) demonstrate the Supreme Court placing limits on Congress's Commerce Clause authority, reinforcing the idea that there are constitutional limits on federal power.