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Madd Essay

1000 words - 4 pages

In the McCulloch v. Maryland, it opened up the issue of federal power, and how much should be given to the governments. Chief Justice, John Marshall stated that he wanted to expand the federal governments powers. This created an even bigger problem between the power of state and federal government. In 1816, the second national bank was established by Congress, and was questioned by many states on whether is was constitutional. Maryland then taxed all banks that were not charted by the state. James McCulloch, a federal cashier, refused to pay the tax. Maryland sued him in hopes to receive the taxes. The Supreme Court decided the bank was constitutional, but the Maryland tax was not. The Federal government gained some powers after, and many questions became present to the State, Federal, and National governments.
Federalism is the sharing of power between national and state government. Considering the decisions made in McCulloch v. Maryland, federalism is an important topic to Americans. It is a conflict, trying to divide powers equally, and make everyone happy. John Marshall said, federalism"is perpetually arising, and will probably continue to arise, as long as our system shall exist.” The constitution grants power to the federal government over national concerns. Therefore creating a problem when the two governments disagree. The federal government can also enact laws concerning the whole country, but they are limited. "The federal government can regulate interstate commerce pursuant to the Commerce Clause of the Constitution but has no power to regulate commerce that occurs only within a single state." The Supreme Court granted more power to the federal government in 1819, after the McCulloch v. Maryland, but they only had access to those specific powers when "necessary and proper". The federal government only has the power that was grated specifically to them by the Constitution. These two governments have to work together to make decisions concerning the citizens of the country.
The expressed powers, or enumerated powers, are the powers assigned to each branch of government, or specific people, like the President or Legislative. In Article 1, Section 8 of the Constitution, there are 27 expressed powers granted to Congress. They are given the power to collect taxes, to grant patents and copyrights, to coin money, to declare war, to regulate foreign and interstate commerce, to raise and maintain armed forces, to fix standards of weights and measures, and many other jobs. The 16th amendment also gives Congress power to levy an income tax, done so in McCulloch v. Maryland. Other expressed powers given by the Constitution are showed in Article 2, Section 2, where it grants the President power to be commander in chief of the armed forces, assign federal officials, make treaties, and a few others. In Article 3, the Constitution grants powers to the Supreme Court. There are many expressed powers throughout the Constitution, diving...

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