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McCullochNotes - McCulloch vs. Maryland History, Facts:...

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McCulloch vs. Maryland History, Facts: -1790: Constitutional controversy over proposed National Bank—but why did it not get into the courts? Because there was no comparable action of a state (like Maryland) -1791: First National Bank established was given a 20-year charter -Jefferson wrote his “Opinion on the Constitutionality of a National Bank” (p.261) in 1791 for President Washington. -Jefferson is a strict constructionist and anti-bank - Constitution=instrument -Establishment of a Nat’l Bank is not among the enumerated powers to Congress; he reminds Washington of the enumerated powers (argument from a strict construction view) -“It is known that the very power now proposed as a means was rejected as an end by the Convention which formed the Constitution. A proposition was made to them to authorize Congress to open canals, and an amendatory one to empower them to incorporate” (p. 264 Jefferson). See p.638 for the brief discussion of the Bank in the Federal Convention. -Discussion of “necessary and proper” clause and the two definitions of “necessary”: 1) implied powers, only those means without which enumerated
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This note was uploaded on 04/07/2008 for the course PSCI 102 taught by Professor Dry during the Spring '07 term at Middlebury.

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McCullochNotes - McCulloch vs. Maryland History, Facts:...

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