Views Of The Constitution

Question 1

What is a centralist view? Who mainly supported centralist views

Answer 1

National government should rule over state governments. (Supremacy clause) Generally democrats supported these views.

Question 2

What is a decentralist view? Who mainly supported this view?

Answer 2

The Decentralist view is the belief that state governments should have more power. Republicans mainly supported this view.

Question 3

What was the argument in the case McCulloh vs. Maryland?

Answer 3

Whether creating a National Bank was Constitutional and whether states had the power to levy taxes on the National Gov.

Question 4

Who were the two sides in McCulloh vs. Maryland? What did they argue?

Answer 4

Maryland (the states) - argued the constitution did not expressly delegate powers to National Government to create a bank. Also since a bank wasn’t necessary, necessary and proper clauses did not give Congress this power.

National Gov. - argued that Congress had the power to pass laws proper and necessary to carry out powers of Congress (elastic clause, a.k.a implied powers).

Question 5

What is the 14th amendment?

Answer 5

States may not deny rights of citizenship.

Question 6

What is preemption?

Answer 6

When national law or regulation takes precedence over state or local law.

Question 7

What is the National Bank called today?

Answer 7

The federal reserve.

Question 8

Is a National Bank Constitutional?

Answer 8

Yes

Question 9

Can states tax the National Government?

Answer 9

No

Question 10

In the past we’re we more centralists or decentralists? What about today?

Answer 10

1. Centralist
2. Mix of both

Question 11

What was established in the case of McCulloh vs. Maryland?

Answer 11

Implied powers

Question 12

What is the elastic clause?

Answer 12

Necessary and Proper clauses