Originally posted by Imran Siddiqui
This is all (arguably) implicit prohibition. Simply because Congress has the power to create a bank doesn't mean such bank is exempt fromthe states it is placed in. I mean that property is worth money. Money that is not going into the treasury of the state because the federal government is on it.
Congress can still create a bank, but has to pay a tax on it. No where in the Constitution's explicit provisions does it say the federal government shall not be inconvienienced by the states. This was something implicitly read in by the Supreme Court. Probably necessary, but not particularly supported by the text itself.
This is all (arguably) implicit prohibition. Simply because Congress has the power to create a bank doesn't mean such bank is exempt fromthe states it is placed in. I mean that property is worth money. Money that is not going into the treasury of the state because the federal government is on it.
Congress can still create a bank, but has to pay a tax on it. No where in the Constitution's explicit provisions does it say the federal government shall not be inconvienienced by the states. This was something implicitly read in by the Supreme Court. Probably necessary, but not particularly supported by the text itself.
1. Congress has as one of its enumerated powers the right to regulate commerce. (commonly referred to as the Commerce Clause)
2. Another of Congress' enumerated powers states that if a state law is in conflict with the Constitution or a Constitutional Federal Law, the state law is null and void. (commonly referred to as the Supremacy Clause)
3. Thus Congress' right to regulate Commerce is supreme to any state law, especially a state law thats only purpose was to impede Congress' right to regulate commerce.
Tell me whats implied here.
Originally posted by Imran Siddiqui
Interestingly enough people read into the document an implicit prohibition against slavery due to the giving up of soveriegnty in joining in such federation.
Interestingly enough people read into the document an implicit prohibition against slavery due to the giving up of soveriegnty in joining in such federation.
It wasn't until the passage of the 13th Amendment that it became unconstitutional.
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