1. McCulloch v. Maryland Constitutional Question: Did Congress have the power under the Constitution to establish a national bank under Article 1, Section 8, and Clause 18 of the constitution and did Maryland unconstitutionally tax a branch of the national bank operating within its borders? Background information: The U.S government created the first national bank in 1791, while in 1816; the second national bank of the United States was created. Many branches of the Bank of the United States opened throughout the country. States were worried about the increasing power of the national government because the national banks competed with state banks.…
Often referred as the “necessary and proper clause” Article 1, Section 8 of the Constitution states that Congress has the power to “make laws which shall be necessary and proper for the carrying into execution the forgoing powers. Article 1, Section 8 of the Constitution basically specifies the power that congress can have in detail. It also states that the power of law making and tax imposing must be uniform through the whole United State. Congress shall have “the power to collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,” (Cooter, R., & Siegel, N. pp 121). Chief Justice Marshall stated in court in 1790 that “the power to tax involves the power to destroy,” (Schwelkart & Allen,2004, pp.182).…
(Mikhail 1047) Justice Joseph Story states that one motives for the insertion of this clause was the need to dismiss any conceivable misgivings of the national government. (Bailey) The Necessary and Proper Clause was created by the Framers of the Constitution to serve two major principles. The first principle was to expedite governmental organizations.…
Which basically means that each branch of government should be allowed aloud to check on each other to make sure that they aren’t doing anything unconstitutional. In Document C it states “... the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other… (The three branches) should not be so far separated as to have no constitutional control over each other.” They check on each other by using their equal power by approving or disapproving something that the other branch has worked on. For example the judicial branch can impeach the president (from the executive branch) if acts in unconstitutional conduct, but the president can nominate the judicial branch members. If one branch overpowers the rest than that is considered tyranny.…
The Articles of Confederation prohibit the government from raising an army, having a national court system, the power to engage in wars, and much more. The Articles of Confederation keep the government from solving many problems like engaging in wars, sharing power among the three branches of government, and collecting taxes. The constitution is a superior document to the Articles of Confederation. To begin with, the constitution allows the United States to engage in wars, enter treaties and alliances, as well as raise an army. The Articles of Confederation political cartoon show that the government would not have the power to raise an army, or enforce treaties.…
As the nation has evolved, the interpretation of the Constitution has varied. While the Sixth Amendment has been largely upheld in most domestic cases, in fact it has routinely been denied to those who are entitled to its protection when the government deems the situation as a threat to national security. Similarly, the understanding of the Eighth Amendment has been strictly interpreted in matters of domestic law, but the meaning is deviated from in cases where national security has taken the…
From the process of creating The Declaration Independence to today’s politics, there have always been conflicts and compromises. This is exactly what happened in the creation process of the Constitution. Both Federalist and Anti-Federalist had to make compromises to make the Constitution and today’s politics possible. In order to understand the compromises made in the Constitution by both sides.…
The tenth amendment was created to affirm an understanding for the citizens at the time the Constitution was created (CRS Annotated Constitution. (n.d.). It was a creation so the people of the states could have powers not given by the United States (CRS Annotated Constitution. (n.d.). The tenth amendment states, “The powers not delegated to the United Sates by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people (CRS Annotated Constitution.…
The War Powers Act, is a legislative act by Congress meant to curb the military actions as directed under the president. The Act has great significance, and conflicts with Congress. The Act presents many problems. The War Powers Act is a legislative action that entails historical importance as well as determines the intentions of presidents who understand the law. War Powers Act…
Supremacy Clause The constitution of the United States grants certain rights to the federal government and to the state government. Both the federal and state governments can make laws. Any laws made by a state will be binding on their territory under its jurisdiction while federal laws bind all states. unless there is a state law that directly contradicts the federal law.…
As a result of the Articles of Confederation completely failing the framers of the United States quickly got to work on drafting a new document. This new document would be named the Constitution. Once the new Constitution was revised and finished it was sent to all the states for ratification. This left every state with at least two questions: Does the Constitution benefit the central government or the individual states? And more importantly, which party do I want it to benefit?…
The Necessary and Proper Clause states that the Congress has the flexibility to make laws or to act where the Constitution does not give it the explicit authority to act. This gives this Congress many implied powers that it shouldn’t have. It is not fair to the American people to give a group of 1070 people these enormous powers in our government. It is much more reasonable to give the states these rights back so that they can act accordingly in times of need based on the situation in each individual state instead of having a Congress that has all of the…
Second, discuss the important Supreme Court decisions that elaborated the enumerated and implied powers of the U.S. Congress. You need to identify the Supreme Court decision and discuss the impact. In Article I of The U.S. Constitution, the powers and responsibilities of the U.S. Congress is identified by the Legislative Branch. Article I is organized into ten sections.…
The Constitution, completed and signed on September 17, 1787, is the backbone of the United States government. Composed of three parts, the Preamble, the Articles, and the Amendments, the Constitution outlines a government that “puts the power in the hands of the people” (Constitution Center, 1). It was written from May through September of 1787, but not ratified until June of 1788, when New Hampshire was the ninth state to ratify the document. The Constitution was written by a plethora of authors who are referred to as the Constitutional Convention. However, some notable authors include James Madison, Thomas Jefferson, Thomas Paine, Alexander Hamilton, and John Adams because of their drafting of the concepts in the Constitution.…
The Louisiana Purchase is an event that caused a great deal of controversy during the early 1800s. This vast tract of land was purchased by Mr. Thomas Jefferson before the government had a chance to approve it. Congress did indeed approve this purchase, but it was only after they decided not to analyze the constitution too in-depth. This is the very reason that so many Americans were split on this issue. Despite the controversy, one thing is certain, the Louisiana Purchase has opened our eyes and helped us gain a better knowledge on how our constitution works.…