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HACTEHA [7]
3 years ago
10

What is McCulloch v. Maryland and how did it address federalism?

History
1 answer:
evablogger [386]3 years ago
4 0

McCulloch v. Maryland is one of the first and most important Supreme Court cases on federal power. In this case, the Supreme Court held that Congress has implied powers derived from those listed in Article I, Section 8. The “Necessary and Proper” Clause gave Congress the power to establish a national bank. The case was a seminal moment in federalism: the formation of a balance between federal powers and state powers. Marshall also explained in the case that the Necessary and Proper Clause does not require all federal laws to be necessary and proper and that federal laws that are enacted directly pursuant to one of the express, enumerated powers granted by the Constitution does not need to comply with the Necessary and Proper Clause, which "purport[s] to enlarge, not to diminish the powers vested in the government. It purports to be an additional power, not a restriction on those already granted."

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Answer:

The three types of persuasive authority which judges may use in cases of first impression are higher, peers, or lower courts in the hierarchy, or from other jurisdictions.

Explanation:

A case of first impression is an issue where the parties disagree on what the applicable law is, and there is no prior binding authority, so that the matter has to be decided for the first time. A first impression case may be a first impression in only a particular jurisdiction.

By definition, a case of first impression cannot be decided by precedent. Since there is no precedent for the court to follow, the court uses the plain language and legislative history of any statute that must be interpreted, holdings of other jurisdictions, persuasive authority and analogies from prior rulings by other courts, commentaries and articles by legal scholars, and the court's own logic and sense of justice.

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