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Congress has the power to establish banks
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because
score: 1
The Necessary and Proper clause (Article 1, Section 8) gives Congress powers not explicitly stated in the Constitution
sources:
6 to 0 vote in favor of McCulloch; Majority opinion written by Chief Justice Marshall
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but
score: 1
The Constitution does not specifically enumerate a power to create a central bank
sources:
Thomas Jefferson
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however
score: 2
The Necessary and Proper clause does not refer to only things essential, but to any procedure that is legitimate and appropriate
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because
score: 1
Creating a bank is within the scope of the Constitution
- 0 branch
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however
score: 2
Even though the word "bank" is not mentioned there are powers of taxation, borrowing money, and regulating commerce
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because
score: 1
It is the power of the federal government to regulate these and anything in relation to them
sources:
Alexander Hamilton
- 0 branch
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- 1 branch
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because
score: 1
These powers are to be used to benefit the people of the U.S.
- 1 branch
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because
score: 1
Congress created the first bank and set a precedent giving them the authority of creating future banks
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because
score: 1
States do not hold ultimate sovereignty; it was the people who ratified the Constitution so they are sovereign, not the States
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however
score: 2
States also could not tax the bank because it was an attempt to interfere with the federal government
sources:
Supremacy Clause
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because
score: 1
The Constitution and federal laws made relating to it are supreme over conflicting state laws
- 0 branch
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- 0 branch
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- 2 branch
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