McCulloch v Maryland Gibbons v Ogden Quiz Answers
maryland argues that states alone posses what type of power over the General Government (national government)?
Supreme Dominion
in McCulloch v Maryland, the Court said the state's power to tax and the Government of the Union power to tax is
a concurrent power
McCulloch v Maryland and Gibbons v Ogden are similar for all of the following reasons EXCEPT
both cases involved the Commerce Clause
the Supreme Court of the United States (SCOTUS) stated in Gibbons v Ogden that the mind can scarcely conceive a system of regulating commerce between nations which excluded what component?
laws concerning navigation
what are Enumerated Powers?
powers written and granted in the Constitution
according to the Supreme Court, Maryland cannot
tax the national bank because the national government has the power to preserve the bank
in Gibbons v Ogden, Chief Justice John Marshall states that commerce, which is completely internal within the state, means which of the following?
that congress cannot regulate it
according to the Court, the Necessary and Proper Clause does all of the following EXCEPT
the Necessary and Proper Clause was added to the Constitution as a Congressional limitation
McCulloch v Maryland and Gibbons v Ogden are different for all of the following reasons EXCEPT
the Supreme Court provided distinctions for the use of the Commerce Clause in McCulloch v Maryland and explained Implied Powers in Gibbons v Ogden
all of the following are true of McCulloch v. Maryland (1819) EXCEPT
the Supreme Court ruled there is nothing in the Constitution which allows for implied powers.
all of the following are true in the case of Gibbons v. Ogden EXCEPT
the commerce clause did not allow the national government to exercise its power amongst state jurisdictions, waterways, and navigation.
according to Chief Justice John Marshall, in McCulloch v Maryland, the government under the Constitution derives its authority from which group?
the people
in McCulloch v Maryland, Maryland argues that the construction of the Constitution emanated (originated) from what body?
the states
Implied Powers exist
within the Necessary and Proper Clause
in Gibbons v Ogden, the Supreme Court stated
all are correct: - Congress has control over navigation that involves foreign countries or among the states. - Navigating Steamboat passengers between New York and New Jersey is commerce among the states. - Commerce among the states can be regulated.
in McCulloch v. Maryland (1819), the Supreme Court decided.
all are correct: - That as long as the means were not unconstitutional and the ends were a constitutional power, then Congress can act - Once Congress has the power that power is Supreme under the Supremacy Clause. - The Necessary and Proper Clause enables Congress to establish a bank even though the bank is not part of an enumerated power.
according to Gibbons v Ogden, commerce between nations include navigation because
all are correct: - The word commerce has always understood to mean navigation - When the people adopted the Constitution, the word commerce was understood to mean navigation - Congress is over trade which could not operate without navigation
according to Gibbons v Ogden, the genius and character of the whole government does NOT involve
all of the following: - Actions that are completely within a particular state - State actions which do not affect other states - Commerce that is completely local in nature
according to Chief Justice John Marshall, a Constitution to contain all the accurate details would
be scarcely embraced by the human mind and written more like a legal code (law)
in Gibbons v Ogden, the Supreme Court stated that Commerce is what?
both are correct: - Commercial Intercourse between nations - Commercial Intercourse between parts of the nation
in McCulloch v Maryland, the Supreme Court of the United States stated (SCOTUS) that
both are correct: - The Powers of the General Government (national government) are limited in their actions. - The Powers of the General Government (national government) are supreme within its sphere of action.
according to Gibbons v Ogden, Chief Justice John Marshall argues that taxes and commerce are not the same due to what?
both are correct: - The state's power to tax does not overlap over the national government's power to tax. They do not interfere with each other. - When the state regulates commerce with foreign nations or among the several states, it is exercising the very power granted to Congress.
all of the following are true according to McCulloch v Maryland EXCEPT
chief Justice John Marshall wrote that states played no part in the construction and development of the Constitution
Gibbons wins in Gibbons v Ogden because he received his exclusive rights to navigate steamboats from Congress who has power over
commerce which includes navigation among the states
according to the case, the word "among" in the Commerce Clause means all of the following EXCEPT
congress can only regulate commerce that stops at the external boundary of the states
the McCulloch v Maryland case
enabled increased Congressional power.
according to McCulloch v Maryland, all of the following are true concerning the Enumerated Powers within the Constitution EXCEPT
enumerated Powers of the national government (Government of the United States) include establishing a bank
the Congressional Commerce Clause applies within a state when all of the following may happen EXCEPT
if it involves commerce only within the state
according to Gibbons v Ogden, if the enumerated powers are narrowly constructed (narrowly interpreted) all of the following would result EXCEPT
make the national government competent
according to the Supreme Court of the United States, which of the following is most accurate?
there is no phrase in the Constitution that excludes implied powers.
the Supreme Court decided in McCulloch v Maryland if the end of a governmental action is Constitutional, then the means to arrive at the end, unless specifically prohibited, are also Constitutional. The Court was referring to which of the following?
within the Constitution, Congress may lay and collect taxes, borrow money, and regulate commerce. If Congress believes incorporating a bank, which is not prohibited in the Constitution, is necessary and proper to implement those enumerated powers, then incorporating a bank is constitutional.