Ap Government and Politics Essay
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 …show more content…
Barron v. Baltimore (1833) (1) Constitutional Question:
Does the Eminent Domain Clause (Fifth Amendment) reject the state and the national government the power to take private property for communal use without fairly reimbursing the proprietor of the property?
Eminent Domain Clause - Authorizes the government to take private property, both land and private possessions, for a civic purpose so long as the proprietor obtains fair reimbursement, which is generally associated with the market price of the property. (2) Background Information:
Barron and his business partner had an extremely lucrative wharf in the city of Baltimore. It encompassed the deepest water in the wharf and allowed them to dock big boats. It all changed due to city developments which accumulated enormous amounts of sand in the wharf. Progressively, the residue left by these streams made the water very shallow. Shortly afterward, the water became so shallow that no ships could dock. Barron lost all income from his wharf and eventually lost his whole business. Its value had diminished. Barron thought that because the city’s negligence had caused him to lose his business, the Fifth Amendment of the