PSCI 3322 Lecture Notes - Lecture 1: Supremacy Clause, Tenth Amendment To The United States Constitution, John Marshall

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M'Culloch V. MD (1819)
First of our cases to talk about the powers of the legislature
Oral arguments took 9 days
John Marshall court!
Supremacy Clause--Article VI, Paragraph 2
Necessary and Proper Clause--Article I, Section 8, Paragraph 18
10th Amendment
Two big issues
Can a state tax a federal identity?!
• MD imposed a tax on the Bank of the United States (early Federal Reserve)
Can the federal government create the Bank of the United States?!
• Necessary and Proper Clause, Article I Sec. 8 doesn't mention this power
• Bank of the United States
"Crude beginnings of the Federal Reserve
"Lots of corruption
• Very powerful members in the bank, bought and sold members of Congress • MD created a
tax on banks
Bank of the United States issued notes (bonds, etc) • Didn't pay taxes on those issued notes
Article I Sec VIII lists all powers of Congress
"Lists quite a lot of things
"Doesn't say anything about a Bank
"Does Congress have the power to do such a thing?
The end has the Necessary and Proper Clause
Banks are usually helpful for managing debts and loans
• Is it necessary?!
• Might not be absolutely, but that's not what it says
• What does necessary mean?!
• Convenient, useful, simpler
• Necessary and Proper Clause
"The Elastic Clause
"Flexible provision that gives Congress implied powers to carry out powers
listed in Article I Sec VIII
"If Congress can show some connection between the policy they impose and a
power in that section, the law is constitutional.
• The Affordable Care Act: Nothing explicitly grans them the ability to regulate healthcare,
but goes under the ability to promote the general welfare of the United States This is often
used to apply the Interstate Commerce Clause to laws
• Isn't almost everything involved in interstate commerce these days? • 1964 Congress passed
a Civil Rights law
"Public Accommodations could not discriminate based on race
"How could Congress do this?
• Places of public accommodations are often involved in interstate commerce
So, can the state tax the federal government?
"The power to tax is the power to destroy
"The Supremacy Clause of the Constitution, Article VI Para. II
"The state doesn't have the power to control laws passed by the federal
The 10th Amendment states that the federal government has implied powers
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