McCulloch v. Maryland

McCulloch v. Maryland - powers Both sides arguments...

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McCulloch v. Maryland 1819 I. Facts a. In 1816, Congress b. II. Legal Questions presented a. Does Congress have the power to charter a bank? b. If the bank is Constitution and thus, a federal instrument, can a state tax them? III. Answers a. “The power to tax is the power to destroy.” IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes Causes: The bank was calling in loans from southern farmers. They were then, giving cheaper loans to northerners opening factories. Essentially favoring one economy over another Effects Lead to a loose interpretation of the necessary and proper clause. McCulloch is generally viewed as a victory for loose construction Allows things which “are not specifically prohibited”
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As long as an act of Congress can be ‘nailed’ to an enumerated power, it is allowed It didn’t give Congress more powers, but rather greater flexibility in their use of their
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Unformatted text preview: powers Both sides arguments Virginia lawyers argued that the states created the Constitution. So that they could infer the original intent. The intent can only be inferred from the list of enumerated powers. Textual Argument If the Necessary and Proper Clause was intended to limit Congress, it would have been placed in the section on limits not in the enumerated powers Terms: Loose Constructionists Argued for a loose definition of necessary as it is used in the Necessary and Proper Clause Strict Constructionists Argued for a strict definition of necessary as it is used in the Necessary and Proper Clause Textual Argument: an argument based on the structure and organization of a particular text....
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McCulloch v. Maryland - powers Both sides arguments...

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