Unit 2 guided notes section 9 Flashcards
McCulloch vs. Maryland
National Bank- The Federal Government will establish a ______ bank in 1816
national
National Bank- Many _____ and states rights advocates (anti- federalists) are angry about this
states
National Bank- The power to create a bank is not expressly ______ in the Constitution to be a federal power, therefore it shall be ____ for the states by the ___ Amendment
written
reserved
10th
States’ Rights - Many States, like _____, will see this as the federal government overstepping their boundaries and as an ______ act.
Maryland
Unconstitutional
States’ Rights - In resolution, to make money off of this wrongful situation, the state of Maryland will impose a ____ on the National Bank by requiring it to buy specially _____/ embossed paper to print all of its bank _____(currency) on which will then be issued throughout its state banks.
tax
stamped
notes
Lawsuit - James ______, on behalf of the National Bank’s _____ branch, will ______ to pay the tax.
McCulloch
Baltimore
refuse
Lawsuit - Maryland will notice that its newly issued _____ is not being printed on the paper it’s supposed to and will sue McCulloch and the National _____
currency
Supreme Court Case- In the _____ Court, attorneys representing both the state of _____ and the US, will plead their case citing the _____
Supreme
Maryland
Constitution
Supreme Court Case - Chief Justice John Marshall will have to use his power of judicial _____ to rule on 2 things
review
Supreme Court Case ruling #1 - The establishment of a National _____
bank
Supreme Court Case #2 - The Maryland ____
tax
Marshall’s Ruling- The establishment of a national bank is indeed Constitutional(ruling) because it is “ ________ and Proper”(citation) to carry in to execution many _____ powers, such as: regulating commerce, coining money, and borrowing ______
Necessary
expressed
money
Marshall’s Ruling - Therefore, we consider the National Government’s power to create a National Bank to be an ______ power
Implied
Marshalls Ruling - “The power to tax is the power to ______”
(Quote from John Marshall”
destroy
Marshall’s Ruling - Because of this , a ______ level/agency/ Institution of government(states) should not have the ability to tax an upper level(federal)
lower
Marshall’s Ruling - What article can this be found in? Article ___
6
Marshall’s Ruling - The “______ Clause”
Supremacy
Marshall’s Ruling - This claims that the ____ government reigns supreme over the states and the only thing above it is the Constitution itself.
Federal
