...Maryland, Maryland used numerous solid arguments that made the decision rather difficult for John Marshall and the other Supreme Court Justices. Maryland first placed the state tax on the Bank of the United States mainly because of how it destroyed their economy by both overinflating and significantly reducing credits, which resulted in the demise of numerous state banks. Several Americans even believed these actions by the Bank of the United States caused America’s first major depression, the Panic of 1819 (“States’ Rights” 1264). The United States Supreme Court disagreed with Maryland’s arguments against the bank by stating that a state should not hold the power to tax any federal agency, which they based on the theory that taxing the bank could provide an indirect way to destroy the bank (“McCulloch” West 11). They believed that one state should not possess the power to rebuke and dispose of an organization that affects the people of the entire nation (“McCulloch” Gale 774). Another argument that the state of Maryland used centered on the preconception that Maryland could legally tax the bank because of its possession of states’ rights, which imply a certain degree of independence from the national government (“States’ Rights” 1263). According to the Tenth Amendment of the Constitution, the government must grant to the states all powers not guaranteed to the federal government and not specifically prohibited from the states; for this reason, Maryland believed that...
Words: 1692 - Pages: 7
...The McCulloch v. Maryland supreme court case became a controversial case regarding the issues of Federalism and limited government. The case set a sort of precedent about the powers that the National Government holds, stated or otherwise. The outcome of this case was justified because the state of Maryland (MD) had no right to tax instruments of the national government because it interferes with the execution of national powers. The main people involved in the case are James McCulloch, a cashier from the Baltimore Branch of the second National Bank, the state of Maryland, and Chief Justice John Marshall of the Supreme Court. The case originated in Baltimore, Maryland. The case began in 1816 when Congress established the second National Bank. The banks were found in each state and many of the states worried that a National Bank would compete with local banks. Many of the worried states believed that Congress's decisions to establish the National banks was an unconstitutional exercise of power. Additionally, the National Bank chains were issuing bank notes against Maryland law. As a result, the state of Maryland decided to impose a $15,000 tax on the Baltimore branch of the...
Words: 660 - Pages: 3
...9/21/14 McCulloch vs. Maryland Court in Context In order to fully understand how gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time....
Words: 846 - Pages: 4
...Test 1 (Ch 1-2) ANSWERS | Judge J. D. Langley | Govt 2305 | | 1. Ch01-001-p002 The Jamestown settlement was funded by c. The London Company. 2. Ch01-002-p004 The Preamble to the Constitution begins a. "We the People . . ." 3. Ch01-003-p005 Which of the following is the best explanation of why most American Indian reservations are in the West today? b. European settlers and the U.S. government pushed Indian tribes westward. 4. Ch01-004-p006 Enlightenment thinkers argued that the world could be improved through b. human reason, science, and religious toleration. 5. Ch01-005-p007 The House of Burgesses was c. the first representative assembly in North America. 6. Ch01-006-p008 A social contract theory of government was proposed by d. Locke and Hobbes. 7. Ch01-007-p009 Locke's Second Treatise on Civil Government sets out a theory of e. natural rights. 8. Ch01-008-p010 Congress's authority to check the president's judicial appointment power is a concept that can be attributed largely to the ideas of d. Charles-Louis, the Second Baron of Montesquieu. 9. Ch01-009-p010 Why was indirect democracy a necessary alternative to direct democracy? b. It became increasingly difficult to bring all the colonists together in the decision-making process. 10. Ch01-010-p010 Aristotle attempted to devise a way to classify governments. Critical to his analyses was knowledge of d. whom citizens were ruled...
Words: 4920 - Pages: 20
...APUSH Study Guide 8 A weak Confederacy and the Constitution, 1776-1790 Themes/Constructs: The federal Constitution represented a moderately conservative reaction against the democratilizing effects of the Revolution and the Articles of Confederation. The American Revolution was not a radical transformation like the French or Russian revolutions, but it produced political innovations and some social change in the direction of greater equality and democracy. The American Revolution did not overturn the social order, but it did produce substantial changes in social customs, political institutions, and ideas about society and government. Among the changes were the separation of church and state in some places, the abolition of slavery in the North, written political constitutions, and a shift in political power from the eastern seaboard toward the frontier. The first weak government, the Articles of Confederation, was unable to exercise real authority, although it did successfully deal with the western lands issue. The Confederation’s weakness in handling foreign policy, commerce and the Shays Rebellion spurred the movement to alter the Articles. Instead of revising the Articles, the well-off delegates to the Constitutional Convention created a charter for a whole new government. In a series of compromises, the convention produced a plan that provided for a vigorous central government, a strong executive, the protection for property, while still upholding republican...
Words: 3481 - Pages: 14
...Week 1 * Do you trust the government to do the right things most of the time? It’s all really based on you opinion * a 2000 study of undergraduates showed that 64% did not trust the government Why do we care if people are turning out to vote? * Voter turnout is a sign of political efficacy as well as engagement * People who are engaged are more informed, more likely to communicate with their representatives, more likely to advocate for their interests, and hold public officials accountable for their actions. Political culture * The people’s collective beliefs and attitudes about government and political processes * What is it that binds us together as Americans? * Our political ideologies * Our political values – liberty, capitalism, equality, consent of the governed, individualism Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of...
Words: 2355 - Pages: 10
...Question-01: The Constitution declares that the sovereignty lies with the people and constitution is the embodiment and solemn expression of the will of the people? 1.0 Introduction: Do we have a right to hold opinions that differ from others? Can we write and publish what we think? Can we protest to your government if we disapprove of its policies? Can the government search and seize our property? Can we be arrested and held without trial? Can the government treat us differently than it treats other people? Every country is based on some kind of law. Some of those are arbitrary powers, however over the years the only rule that seems to dictate the terms is the rule of law. As a citizen, we must know our constitutional rights in order to assert them. One of the basic principles of the any constitution is the rule of law.Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the conflicting forces in society. One of the prime objects of making constitution is to maintain law and order in society, a peaceful environment for the progress of the people. 2.0 Sovereignty of the people: Today, most modern states have followed written and fixed constitutions. A constitution presupposes the universe of a constituent power, as distinguished from other constituted powers, created by the constitution itself. Constitution is the highest...
Words: 3408 - Pages: 14
...Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause iii) Whether the state of Maryland had the...
Words: 5543 - Pages: 23
...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
Words: 28150 - Pages: 113
...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...
Words: 10537 - Pages: 43
...(un)Official United States History Cram Packet This is not intended as a substitute for regular study ……. But it is a powerful tool for review. 1494: Treaty of Tordesillas – divides world between Portugal and Spain 1497: John Cabot lands in North America. 1513: Ponce de Leon claims Florida for Spain. 1524: Verrazano explores North American Coast. 1539-1542: Hernando de Soto explores the Mississippi River Valley. 1540-1542: Coronado explores what will be the Southwestern United States. 1565: Spanish found the city of St. Augustine in Florida. 1579: Sir Francis Drake explores the coast of California. 1584 – 1587: Roanoke – the lost colony 1607: British establish Jamestown Colony – bad land, malaria, rich men, no gold - Headright System – land for population – people spread out 1608: French establish colony at Quebec. 1609: United Provinces establish claims in North America. 1614: Tobacco cultivation introduced in Virginia. – by Rolfe 1619: First African slaves brought to British America. 15. Virginia begins representative assembly – House of Burgesses 1620: Plymouth Colony is founded. - Mayflower Compact signed – agreed rule by majority • 1624 – New York founded by Dutch 1629: Mass. Bay founded – “City Upon a Hill” - Gov. Winthrop - Bi-cameral legislature, schools 1630: The Puritan Migration 1632: Maryland – for profit – proprietorship 1634 – Roger Williams banished from Mass. Bay Colony 1635: Connecticut...
Words: 7863 - Pages: 32
...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
Words: 37488 - Pages: 150
...TExES I Texas Examinations of Educator Standards Preparation Manual 133 History 8–12 Copyright © 2006 by the Texas Education Agency (TEA). All rights reserved. The Texas Education Agency logo and TEA are registered trademarks of the Texas Education Agency. Texas Examinations of Educator Standards, TExES, and the TExES logo are trademarks of the Texas Education Agency. This publication has been produced for the Texas Education Agency (TEA) by ETS. ETS is under contract to the Texas Education Agency to administer the Texas Examinations of Educator Standards (TExES) program and the Certification of Educators in Texas (ExCET) program. The TExES program and the Examination for the Certification of Educators in Texas (ExCET) program are administered under the authority of the Texas Education Agency; regulations and standards governing the program are subject to change at the discretion of the Texas Education Agency. The Texas Education Agency and ETS do not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in the administration of the testing program or the provision of related services. PREFACE The State Board for Educator Certification (SBEC) has developed new standards for Texas educators that delineate what the beginning educator should know and be able to do. These standards, which are based on the state-required curriculum for students—the Texas Essential Knowledge and Skills (TEKS)—form the basis for new Texas Examinations...
Words: 14132 - Pages: 57
...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...
Words: 10611 - Pages: 43
...Packet Winter 2012 Tyee Carr Study Guide, Midterm Exam Review and Final Exam Review ***These notes are provided to assist in your own note taking. They are not a substitute for reading the recommended textbook or for taking your own notes during class discussion. The information and examples provided here are subject to technical corrections or other revisions which you won't have without taking notes in class. Contents Taxable Entities, Sources of Tax Law and Tax Administration 5 Case: Firefighting Aircraft 6 Discussion questions 7 Review questions 8 The Individual Income Tax Model 10 Case: George and Sheena Jungle’s 1040 Tax Return 10 Discussion Questions 10 Review questions 11 Gross Income 13 Case: Commissioner v. Glenshaw Glass Co.\William Goldman Theatres Inc. (U.S. 1955) 13 Discussion questions 19 Case: Lucas v. Earl United States Supreme Court. 1930 20 Discussion questions 21 Review questions 21 Exclusions 22 Case study: Tom Daschle withdraws from nomination as HHS Secretary, 2009 23 Discussion questions 23 Case: Sam and Julie 24 Discussion questions 24 Case: Ralph and Betsy are landlords 25 Discussion questions 26 Case: Mark who lives in unit 6 27 Discussion questions 27 Case: Jack’s Restaurants 28 Discussion questions 28 Review questions 29 Tax Basis and Capital Transactions 32 Case: What’s my income on selling this stock? 32 Discussion questions 34 Case: Property converted from personal...
Words: 16572 - Pages: 67
