Question

What is federalism?  Explain the expressed and implied powers of the U.S. Constitution.  Which two U.S. Supreme Court cases (decisions) relied on the implied powers clause?  Explain one of the cases.

Answer 1

FEDRALISM-

when state government shares power with national or central government is called Fedralism. Presently united states works on the basis of fedralism. In short when group of people are forced to worked with governement is called Fedralism

Article 1 section 8 Implies about the express and implied power of US

EXPRESSED POWERS-

• The first expressed power of Us Is to imposed taxes  and duties and to collect them
• They have the power to make laws related to foreign trade
• They have the power even to make rules and regulations for their military and to declare war when needed

IMPLIED POWERS-

• Thus includes punishing those tax invaders on whom tax was imposed and they did not pay the requires amoumt otd tax.
• They decided the minimum wages of the workers.
• Drafting of Americans who can be the part of their.military forces.

Two cases which relied on implied power clause are

1. McCulloch Vs Maryland
2. Marybury Vs Madison

McCulloch Vs Maryland

McCulloch Vs Maryland was one the main cases which purely relied on the implied powers of the US. Article 1 Schedule 8 express about such powers namely " Necessary and proper clause".

CASE - The state maryland passed a legislatiom to impose the tax on The second bank of United states Incorporated by the Congress. Mr McCulloch who was the cashier of that particular branch refused to pay the taxes imposed by the Maryland. The state of Maryland on their views appealed the supreme court as The second bank was not a constitutional bank , It is unconstitutional bank so tax should be imposed on it.

Decision -  In the decision court held the decison on the basis of "Necessary and Proper clause" which states that The congress has the power to charter any bank and they can introduce and law and regulations. In other words Congress has the power to pass necessary law and to impose taxes and duties. Court held that bank was constitutional but the tax which was imposed by the bank on Maryland was unconsitutional.

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