Free Response McCulloh V Maryland And US V Lopez Flashcards
Background in for
For McCulloh v Maryland
US chartered a national bank which had a branch in Maryland.
Maryland tried to tax the bank and it refused to pay tax
Questions court had to decide
Was the bank constitutional?
Could Maryland tax it?
Decision of court Mc v ML
Under necessary and proper clause congress can create national bank
under the supremacy clause state cannot tax national bank
Back ground situation for United States vs lopez
A high school student was arrested under state charges for bringing a gun to school
National gov Charged with federal crime for the gun free school zone act his lawyer argued the gun free school zone act was unconstitutional
Question court had to decide Lopez v us
Is regulating guns in school a state or federal crime?
Decision of court US v lopez
The federal government rules the gun free school zone act was unconstitutional
this was a state right under the 10th amendment not national gov under commerce clause
Explain how each decision changes relationship between national and state gov
Mcculloch v Maryland increased power of federal government over the states
US v Lopez increased the power of state gov over the federal gov
