Ap Government and Politics Essay

6051 Words Sep 24th, 2013 25 Pages
AP Government and Politics Summer Assignment
McCulloch v. Maryland (1819) (1) Constitutional Question:
Does the Congress of the United States have the power, under Article I, Section 8, of the Constitution; have the authority to constitute a national bank even though that power is not explicitly enumerated within the Constitution? Did Article VI’s National Supremacy Clause forbid State taxes on federal doings or was the Maryland tax law statutory?
Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but are not explicitly enumerated in the Constitution.
Article VI, Clause 2 (National Supremacy Clause) – The Federal Government, in expressing any of the powers
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Because Gibbons had no New York license, Ogden filed a complaint in the Court of Chancery of New York asking the court to give an injunction to Gibbons forbidding him landing rights to the port of New York. Ogden’s lawyer argued that states frequently approved laws on problems concerning interstate matters and that states should have entirely concurrent power with Congress on issues regarding interstate commerce. Gibbons’ lawyer, Daniel Webster, contended that Congress had private nationwide power over interstate commerce permitted by Article 1, Section 8, Clause 3 of the Constitution. The courts of New York rejected Gibbons’ argument and found in favor of Ogden and issued an injunction against Gibbons’. Gibbons appealed and the Court of Errors of New York confirmed the decision. He then appealed to the Supreme Court of the United States. (3) Opinion of the Court:
The Supreme Court and Chief Justice Marshall rejected Ogden’s argument with a unanimous (6-0). The justices agreed that the Commerce Clause did, indeed, give Congress the power to oversee the operation of steamboats between New York and New Jersey. Hence, the license given to Gibbons by the government to run a ferry service antiquated the license to run a ferry service given to Ogden by the state of New York. As a result of this decision, State-issued ownership of island rivers and channels ceased and commercial competition was heartened. The Gibbons decision established
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