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1819-McCulloch v. Maryland

AB
Supreme Court Ruling McCulloch v. MarylandRuled Congress has implied powers under Necessary and Proper Cluase
Implied Powerspowers not explicitly named in the constitution but assumed to exist due to their being necessary
Necessary and Proper ClauseCongress has the power, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution
The Necessary and Proper Clause is found in?Article 1 Section 8
McCulloch v. MarylandCongress had the power to create the Second Bank of the United States
Who was the Chief Justices in McCulloch v. MarylandJohn Marshall
One of the results of the McCulloch v. Maryland was?Repudiated radical states rights arguments
One of the main issues in McCulloch v. Maryland was?the constitutionality of the creation of the Second Bank
Who controlled the Second Bank of the United StatesPrivate Stockholders
The Second Bank of the United States was___the depository of Federal Funds
The BUS had______The authority to issue notes that, along with the notes of states banks, circulated as legal tender.
How did the State banks see the BUSthey saw it as a competitor and resented its privileged position
When states banks begin to fail who do they blamethey blamed their troubles on the bank
What state blamed the BUS for some of its failuresMaryland
What was a common banking practice in MarylandMaryland imposed a hefty tax on any bank not charted within the state
James McCullochwas the head of the Baltimore Branch Bank of United States
The Bank of the United States and James McCulloch were sued_____because they refused to pay the state tax
How did James McCulloch respond to the taxhe said that the tax was unconstitutional
How did the State Courts rule under McCulloch v. MarylandBoth the state court and the court of appeals ruled in favor of Maryland
How did the Supreme Court of the United States RuleIn favor of McCulloch and the Bank of the United States
In a unanimous opinion Chief Justice Marshall wrotethat the Bank of the United States was constitutional & that Maryland's tax was unconstitutional
How did the Supreme Court Justify the Creation of the BankConcerning the power of Congress to charter a bank, the Court turned to the Necessary and Proper Clause of Article 1 section 8
Enumerated Powersare a list of items found in Article I, Section 8 of the U.S. Constitution that set forth the authority of Congress.
Which of the following are Enumerated PowersThe powers to regulate commerce, collect taxes and borrow money
Why did Maryland lack the power to taxdue to the Supremacy Clause of Article VI of the Constitution
Supremacy ClauseThe government is supreme within its sphere of actions and its laws, when made in pursuance of the constitution
SovereigntyPolitical authority
What is significant about McCulloch v. MarylandIt was the first time the court used its power to shape the laws of the land
In their opinion what did the court say about Maryland taxing the BUSMaryland's tax violated constitutional sovereignty because it acted as levy against all the people in the U.S.


john blur

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