Changes

This ''McCulloch v. Maryland'' decision is important for another reason too.  The Court held that Congress has unenumerated powers that are not expressly given to it by the U.S. Constitution.  Nowhere in the Constitution is the power to create a national bank given to the federal government.  But under the '''"Elastic Clause"''' (also known as the '''"Necessary and Proper Clause"''') of the U.S. Constitution, Congress has the power to "make all laws which shall be necessary and proper for carrying into execution."  That clause has been used repeatedly by Congress to make laws where it does not have an express grant of power by the Constitution to do so.

This ''McCulloch v. Maryland'' decision is important for another reason too.  The Court held that Congress has unenumerated powers that are not expressly given to it by the U.S. Constitution.  Nowhere in the Constitution is the power to create a national bank given to the federal government.  But under the '''"Elastic Clause"''' (also known as the '''"Necessary and Proper Clause"''') of the U.S. Constitution, Congress has the power to "make all laws which shall be necessary and proper for carrying into execution."  That clause has been used repeatedly by Congress to make laws where it does not have an express grant of power by the Constitution to do so.

Even today, preemption is still a major issue.  In 2011, the Supreme Court ruled that the Federal Arbitration Act (which requires that courts generally enforce [[arbitration]] agreements) preempts state law that has the effect of requiring [[class action]] procedures to be available in consumer disputes.  ''AT&T Mobility v. Concepcion'', 131 S.Ct. 1740 (2011).  In 2012, the Supreme Court prevented Arizona from enforcing its immigration enforcement bill SB 1070, stating that the federal government has taken over the exclusive area of enforcement of immigration law, and therefore Arizona cannot enforcement some of the provisions of SB 1070.  ''Arizona v. U.S.'', 132 S.Ct. 2492 (2012)

Even today, preemption is still a major issue.  In 2011, the Supreme Court ruled that the Federal Arbitration Act (which requires that courts generally enforce [[arbitration]] agreements) preempts state law that has the effect of requiring [[class action]] procedures to be available in consumer disputes.  ''AT&T Mobility v. Concepcion'', 131 S.Ct. 1740 (2011).  In 2012, the Supreme Court prevented Arizona from enforcing its immigration enforcement bill SB 1070, stating that the federal government has taken over the exclusive area of enforcement of immigration law, and therefore Arizona cannot enforce some of the provisions of SB 1070.  ''Arizona v. U.S.'', 132 S.Ct. 2492 (2012)

== "The Power to Tax" ==

== "The Power to Tax" ==