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The federal bank was constitutional
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because
score: 2
The government is given the power to collect taxes, regulate commerce, and other powers related to the bank/money
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because
score: 1
the government has these rights so they get to decide when/how to implement them
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because
score: 1
Enumerated powers
sources:
The Constitution
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however
score: 0
Establishing a bank isn't listed in the enumerated powers specifically
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but
score: 1
Implied powers aren't excluded
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because
score: 1
The Constitution was intended to not make sense to the general public. It's complexity requires the interpretation of a higher power.
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because
score: 0
The government may take any necessary action to execute its other powers
sources:
The Constitution
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but
score: 1
Creating a corporation raises concern of the government becoming too powerful
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however
score: 1
It is not being used for its own benefit. It is necessary for the other powers to advance and be successful
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because
score: 0
Congress is given the power to decide what is necessary for the government to execute its powers
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but
score: 1
"Necessary," by definition, describes a physical need
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however
score: 1
The court disagrees. Whether something is necessary needs to be decided on a case by case basis.
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- 4 branch
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