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Vocab and key ideas for Unit 1 of Government and Politics
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Elite Democracy
A theory of government that certain groups hold or should hold disproportionate power in a political system
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. (ex. McCulloch v. Maryland)
Powers not specifically mentioned in the constitution; Powers inferred from the express powers that allow Congress to carry out its functions. Has Constitutional basis in Necessary and Proper/Elastic Clause
belong to the states and the people; Powers not specifically granted to the federal government or denied to the states. Granted by the 10th Amendment. For example, regulating voting and administering elections at the state level.
-Congress established and rechartered a National Bank. This is not an expressed power in the Constitution, but something they believe they can do through the necessary and proper clause.
- Maryland thinks the bank is unconstitutional and tries to close it by taxing banks that are established by out of state groups; McCulloch doesn't pay tax and is sued.
Supreme Court unanimously upholds the validity of the bank. It also says that the state cannot tax a federal institution.
The necessary and proper clause grants Congress the ability to do what they deem "necessary and proper" to carry out their functions. This means legitimate and appropriate actions taken with this purpose can be justified, even if they aren't powers given in the Constitution. The supremacy of the Constitution and therefore the national government inhibits the states from choosing to directly interfere in this.