McCulloch v. Maryland (1819) is a historic court case that determined that the necessary and proper clause gave congress the implied power to enact legislation necessary to carry out the powers granted to them.
In the case of McCulloch v. Maryland (1819), the Supreme Court came to the conclusion that the state of Maryland did not have the authority to levy taxes against the Second Bank of the United States. This was due to the fact that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 to construct the Bank.
With what is perhaps Chief Justice John Marshall's strongest decision, McCulloch rejected the extreme states' rights arguments made by counsel for Maryland in resounding language while simultaneously giving Congress vast discretionary ability to effectuate the enumerated powers.
This result gave rise to the idea of Congress' implied authority in the Constitution, which holds that Congress has powers beyond those expressly enumerated in the United States Constitution, including powers that may assist such authorities in carrying out those expressly enumerated in the Constitution.
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Answer:
Under Article I, Section 8 of the Constitution, Congress has the power "to make all Laws which shallbe necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by thisConstitution in the Government of theUnited States, or any Department or Officer thereof".
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Constitutionalism is a political movement and philosophy that states that the ruling power is bound to respect certain rights of its subjects. According to modern constitutionalism, the form of government must be based on a constitution.
Constitutionalism includes both the empowerment and the limitation of power, both granting power and specifying its scope and purpose. Constitutionalism is considered to promote the principles of the rule of law, the principle of predictability, and to prevent arbitrary administration of justice. According to constitutionalism, laws and judgments in countries with common law can be declared invalid because they are contrary to the constitution if it is done in accordance with the principle of transparency, usually by a constitutional court or a court with similar jurisdiction.
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A The relationship between the victim and the witness
Answer:
true
Explanation:
Miranda applies only to custodial interrogations, which means the police don't have to give Miranda warnings every time they question or talk to someone. Miranda rights come into play when the police arrest or detain someone. Detention here means that the person reasonably believes he or she is not free to leave.
