State vs. Federal Rights

1.    Delegated powers are the powers that the Constitution grants to the federal government.  Most of the powers go to the legislative branch of the federal government while fewer powers are granted to the judicial branch.  Raising funding is one example of legislative power.  Implied powers are those powers not specifically mentioned in the Constitution, but are interpreted as such from the ones that are.  An example of this would be taxes.  This was made possible through legislation in the form of an Amendment to the Constitution, which, legislation, is a delegated power.

2.    The U. S. Supreme Court usually resolves conflicts between states and the federal government, so I suppose this implies that the federal government takes precedence over the individual state governments.  However, the federal government cannot force state governments to implement their regulatory laws.

3.    In the case of McCullough v. Maryland (1819), the Court ruled that, as long as the federal government is within the limits of the Constitution, the state governments have no right to intervene.  This case is extremely important to us because without it the states could bankrupt the federal government.  Without the federal government, the states would likely strengthen their own governments and that would involve numerous inconsistencies resulting in possibly another civil war.

 

References

Tannahill, N. (2011). Think: American Government. Prentice Hill, NJ: Pearson

 Education.

James Mcculloch v. The State of Maryland, John James 17 U. S. 316, 17 U. S. (4

             Wheat) 316, 4 L. Ed 579, 1819 U. S. LEXIS 310, 4 A.F.T.R. (PH) 4491, 4

             Wheat 316, 42 Cont. Cas. Fed. (CCH) 077,296