McCulloch v - Prohibited Powers The Constitution also...

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McCulloch v. Maryland This landmark Supreme Court case from 1819 concerned a state government’s ability to tax a national bank. The Court, relying on the necessary and proper clause, ruled that the national government has far more powers than the Constitution enumerates in Article I, Section 8. The necessary and proper clause has allowed the national government to regulate air travel, combat industrial pollution, and foster the creation and growth of the Internet. Inherent Powers The preamble to the Constitution lays out the basic purposes of the United States government: to provide for the welfare of its citizens and to defend against external enemies. Because the federal government is sovereign, it also has certain powers called inherent powers, which are necessary to protect its citizens and defend its right to exist. The primary inherent power is self-preservation: A state has the right to defend itself from foreign and domestic enemies.
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Unformatted text preview: Prohibited Powers The Constitution also explicitly denies the national government certain powers. For example, Congress cannot tax exports or tell states how to choose electors for the Electoral College. The powers denied to the national government are called the prohibited powers. The Commerce Clause The Supreme Courts decision in the 1824 case Gibbons v. Ogden reasserted the federal governments authority over the states. Aaron Ogden had a monopoly on steamship navigation from the state of New York. When Thomas Gibbons began operating his steamship in New York waterways, Ogden sued. The Court found that New York State did not have the right to issue a monopoly to Ogden because only the national government has the power to regulate interstate commerce. Chief Justice John Marshall referred to the commerce clause (which gives Congress the authority to regulate interstate commerce) of the Constitution as justification for his decision....
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This note was uploaded on 01/31/2012 for the course POS POS2112 taught by Professor Leslietaylor during the Winter '09 term at Broward College.

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