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3 Cards in this Set
- Front
- Back
McCullough vs. Maryland
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-congress created a second national bank and placed a branch in Maryland
-Governor of ML argued congress had no constitutional authority under Act 1 Sec 8 to create a bank or any Corp. -if bank stayed must pay state taxes -Chief Justice John Marshall wrote the unanimous decision: YES TO BANK , since congress had the power to conduct financial transactions a bank was reasonable under the " necessary and proper " clause NO TO TAX , "The power to tax is the power to destroy." since the state's did not create the Nat gov't , they could not destroy it |
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What must be present to sustain a Democracy ?
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-substantive power is gained through competitive elections
-elections must be reasonably honest & open - equal access to all political resources must be granted - at the end of the election cycle power must be transferred to the individual selected by voters |
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NY Times vs. United States
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aye
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