POLSCI 102 Lecture Notes - Lecture 3: Wickard V. Filburn, Fourteenth Amendment To The United States Constitution, Fifth Amendment To The United States Constitution
3 Mar 2020
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Judicial review is where courts say whether its constitutional or now. The idea that only the courts get to do it facts : Feds create natl bank in 1791, it recharted in 1816. Maryland taxes natl bank and penalized its employees. U. s can create a bank implied power. Enumerated power (i. e tax, borrow, commerce) + necessary proper clause, let the ends be legitimate . Maryland can tax it power to tax, is famously the power to destroy . States make up nation, the parts cannot control the whole. necessary proper clause - idea is if it"s necessary and proper for congress to do something than its allowed to do. Dred scott is slave taken to the north. Slaves are not citizens under the constitution. Thought that ruling would settle slavery, does the exact opposite. One of the courts most infamous ruling, hurts legitimacy. 9-10 judges said a balck man was a rule person.
