1.)What part of the US Constitution justifies the creation of a US bank accordin
ID: 3493153 • Letter: 1
Question
1.)What part of the US Constitution justifies the creation of a US bank according to McCulloch v. Maryland?
2.) What part of the US Constitution forbids the taxing of the US bank by the state of Maryland?
3.) How has interpretation of the Commerce Clause affected federalism in the US over time?
4.) Federalism that emphasized enumerated powers of the federal government, separate sovereignty for the federal government and state governments in their own spheres, and states’ rights is known as __________________________________ federalism.
5.) Federalism that emphasizes that the federal government may wield powers that are necessary and proper to support its function, the supremacy of the national government, and power sharing between the federal and state governments is known as _____________________________ federalism.
6.) ________________________________ describes the transfer of authority from national/federal government to state or local governments.
7.) Describe a coordination problem that the federal government can solve more easily than individual state governments
8.) Describe a race to the bottom as a prisoner’s dilemma.
Explanation / Answer
1) What part of the US Constitution justifies the creation of a US bank according to McCulloch v. Maryland?
McCulloch v. Maryland, 17 U.S.316 (1819), was a landmark decision by the Supreme Court of the United States. The state of Marylandhad attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.
Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having specifically targeted the Bank of the United States.
The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution.
This case established two important principles in constitutional law. First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government. Second, state action may not impede valid constitutional exercises of power by the Federal government.
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