GOVT 310 Lecture Notes - Lecture 5: Contract Clause, Implied Powers, Sanctuary City

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18 Jun 2018

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Mcculloch v Maryland

•Maryland tried to tax the 2nd National Bank

•establishes that Congress can create a national bank

•Necessary and Proper Clause

•federal government has implied powers

•SCOTUS’s job is to interpret Constitution

•instrument of the federal government

•intergovernmental tax immunity: sovereign governments can’t tax other sovereign

government’s without permission

•Ex: federal government can’t tax public schools. local government can’t tax the post

ofﬁce

Dartmouth v Woodward

•protection of contracts: federal government can’t interfere

•Contract Clause basis for this

•contract protection fundamental to economic system

Sturges v Crowinshield

•is making bankruptcy laws a power exclusive to the federal government?

•NO

•granting a power to Congress doesn't take it away from the states

•state law gets suspended when Congress enacts a law on the same topic

•ex: if Congress passed a bankruptcy law, NY’s would be null

Gibbons v Ogden

•transport and navigation is a type of interstate commerce, therefore regulated by the

federal government

•asserts federal supremacy+ interstate commerce

Prigg v PA

•upholds Fugitive Slave Act

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