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McCulloch v. Maryland (1819)
Facts: In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax.
Louisiana Purchase
Decision: 7 votes for McCulloch, 0 vote(s) against
In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers.
No Child Left Behind Act
Information from: http://www.oyez.org/cases/1792-1850/1819/1819_0
Its a statement in the U.S. constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
Facts: President Bush made a commitment to ensure that all children receive a high quality education so that no child is left behind. And just one year after the President first took office, the No Child Left Behind Act (NCLB) passed overwhelmingly with support from Republicans and Democrats in Congress.
Facts: On April 30, 1803 the nation of France sold 828,000 square miles (2,144,510 square km) of land west of the Mississippi River to the young United States of America in a treaty commonly known as the Louisiana Purchase.
Price: less than five cents per acre at $15 million (about $283 million in today's dollars).
Funding: No Child Left Behind gives school districts more money.
Land: mainly unexplored wilderness
Also known as the Necessary and Proper Clause.
Establishing issues within schools
Extra Help: No Child Left Behind may also provide your child with free tutoring and extra help with schoolwork if the state says your child's school has been "in need of improvement" for at least 2 years.
Information from: http://geography.about.com/od/historyofgeography/a/louisianapurcha.htm
Ability to fund programs
Information from: http://www2.ed.gov/nclb/overview/intro/parents/parentfacts.html
It stretches the power of Congress. This clause is one of the most powerful in the Constitution. It created a new set of powers called "implied powers" and became the foundation of modern big government.
Allowing the government to purchase large amounts of land
Authority to establish federal banks
States taxing federal banks
State law interfering with congressional powers
Enumerated Powers
- Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of Rights and other protections in the Constitution. The Tenth Amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Because of the elastic clause, the state governments were able to eliminate integration since the Constitution stated the all men were created equal, therefore "stretching" the equality of all people, of all colors.
Implied Powers
-those powers authorized by a document (from the Constitution) which, while not stated, seem to be implied by powers expressly stated.