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3 Cards in this Set

  • Front
  • Back
McCullough vs. Maryland
-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
What must be present to sustain a Democracy ?
-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
NY Times vs. United States
aye