McCulloch v. Maryland, 1819

McCulloch v. Maryland, 1819 The court case known as McCulloch v. Maryland of March 6, 1819, was a seminal Supreme Court Case that affirmed the right of implied powers, that there were powers that the federal government had that were not specifically mentioned in the Constitution, but were implied by it. In addition, the Supreme Court found that states are not allowed to make laws that would interfere with congressional laws that are allowed by the Constitution.   Fast Facts: McCulloch v. Maryland Case Argued: February 23- March 3, 1819Decision Issued:  March 6, 1819Petitioner: James W. McCulloch,Respondent: State of MarylandKey Questions: Did Congress have the authority to charter the bank, and by imposing taxes on the bank, was the State of Maryland acting outside of the Constitution?Unanimous Decision: Justices Marshall, Washington, Johnson, Livingston, Duvall, and StoryRuling: The Court held that Congress had the power to incorporate a bank and that the State of Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Background In April 1816, Congress created a law that allowed for the creation of the Second Bank of the United States. In 1817, a branch of this national bank was opened in Baltimore, Maryland. The state along with many others questioned whether the national government had the authority to create such a bank within the states boundaries.  The state of Maryland had a desire to limit the  powers of the federal government. The General Assembly of Maryland passed a law on February 11, 1818, which placed a  tax on all notes the originated with banks chartered outside of the state. According to the act, ...it shall not be lawful for the said branch, office of discount and deposit, or office of pay and receipt to issue notes, in any manner, of any other denomination than five, ten, twenty, fifty, one hundred, five hundred, and one thousand dollars, and no note shall be issued except upon stamped paper. This stamped paper included the tax for each denomination. In addition, the Act said that the President, cashier, each of the directors and officers .... offending against the provisions aforesaid shall forfeit a sum of $500 for each and every offense....   The Second Bank of the United States, a federal entity, was really the intended target of this attack. James McCulloch, the head cashier of the Baltimore branch of the bank, refused to pay the tax. A lawsuit was filed against the State of Maryland by John James, and Daniel Webster signed on to lead the defense. The state lost the original case and it was sent to the Maryland Court of Appeals. Supreme Court The Maryland Court of Appeals held that since the US Constitution did not specifically allow the federal government to create banks, then it was not unconstitutional. The court case then went before the  Supreme Court. In 1819, the Supreme Court was headed by Chief Justice John Marshall. The court decided that the Second Bank of the United States was necessary and proper for the federal government to exercise its duties.   Therefore, the US National Bank was a constitutional entity, and the state of Maryland could not tax its activities. In addition, Marshall also looked at whether states retained sovereignty. The argument was made that since it was the people and not the states who ratified the Constitution, state sovereignty was not damaged by the finding of this case.   Significance This landmark case declared that the United States government had implied powers as well as those specifically listed in the Constitution. As long as what is passed is not forbidden by the Constitution, it is allowed if it helps the federal government fulfill its powers as stated in the Constitution. The decision provided the avenue for the federal government to expand or evolve its powers to meet an ever-changing world.

Analysis Report Essay Example | Topics and Well Written Essays - 4000 words

Analysis Report - Essay Example makes it clear that the efficiency of an organization and above all its effectiveness and value addition capability to the business are the critical elements that attribute to its ability to generate revenue apart from the obvious issues of competition and supplier/demand issues. This makes it clear that in cases of issues related to revenue and profits an organization should not only address the external re-engineering principles but also focus upon the investigation internally in order to effectively achieve sustainable competitive advantage in the target market. In the light of the above arguments, this report presents a critical analysis on the six different areas of problem identified by the reviewing consultants for James Merriot Ltd. The report contains six sections each focused on a specific issue with solution an optimum solution to the problem in order to effectively re-engineer the organization to achieve market leadership in their area of business. The assessment by the consultants on the market in which the company under discussion is performing business reveals that not only competition is high but also the demand for a variety of services other than the trivial electroplating of specific devices. Since the company pioneers in the manufacture of building fittings and also in electroplating in specific areas of business like the automobile industry, it is necessary to effectively integrate the resources of the organization to increase the sales. The market development strategy is argued as the most effective strategy for an organization that has international presence and also able to increase its sales through targeting on new markets as argued by Gerry Johnson and Kevan Scholes (2003). The consultants’ review makes it clear that there is great potential for the company to develop its market in the Far East as well as in the existing geography. The argument by the consultants that the market in which the company is operating does not have many

Explain Plato's Method of Finding True Knowledge in Meno Essay

Explain Plato's Method of Finding True Knowledge in Meno - Essay Example His metaphysics speaks about his insight on theory of knowledge. He says that there are two worlds namely a world of opinion and world of permanence also called a world of true knowledge. He says that knowledge is possible through reason. True knowledge means reason elevated to the level of consciousness. Plato argues in the Meno that knowledge is innate. An illiterate slave-person is able to demonstrate knowledge of geometry and arithmetic. What is latent is simply invoked by teaching. Answer 2. Descartes methods of finding true knowledge stress emphasis on creating methodological doubt and practicing radical skepticism. He talks about several steps to discover the true knowledge. First of all, as he describes, a person has to be totally free from preconceived notions and opinions. A conscious effort is required that mind does not collaborate with the sense faculties otherwise the process to find the truth may get derailed. To create all doubts in its core and then thrash them is a way towards solid foundation to attain true knowledge. Descartes proposes three arguments- perceptual argument, dream argument and the evil genius argument. Our most beliefs come from external senses. But it is a common experience for all of us that these external senses have deceived us in several occasions. In a perceptual argument he says that learning through five senses could be deceitful. In a dream argument he says that dream can never discover true knowledge. In an evil genius argument, he argues that an evil genius is always out to deceive us about everything and our beliefs such as sky, the earth, air, sounds or shapes that we see or feel in our daily life. However, he is sure about his existence regardless of whether he believes or does not believe; or he is being deceived or not being deceived. The cogito argument reflects that he exists separate from mind and matter and that is the basis for his search of the self, a true knowledge. Answer 3. Plato’s and Descarte s’ methods both stress on non-dualist theories to find the true knowledge; however, Plato’s methods revolve around soul-body dualism and Descartes methods progresses through mind-body dualism. Plato accepts the assumption that the soul is identical with what forms the body. Descartes has rejected this idea completely. Both of them recognizes the self, the I. Descartes clearly distinguishes soul with mind. For him soul is the one which animates the body. For him mind thinks but does not contribute in any corporeal system. Descartes come to the conclusion that body and mind are separate from each other while for Plato soul's thinking faculty goes best when it is dissociated from the body. For Plato, soul is a driving force to create and maintain the life the way it desires. Moreover, Plato does not feel necessary to get doused with skepticism or doubting-all phenomenon to arrive at the true knowledge unlike Descartes who starts with the premise of doubt-in- all to reach at the true knowledge. Answer 4 Mankind has gained a lot through platonic epistemology. There are several things that can be gained from Plato’s insights and ideas. 1. The first and foremost idea that discerns Plato from others is that knowledge is nothing but recalling ideas as that

A Pilot Study Report Education Essay

A Pilot Study Report Education Essay Introduction The aim of the pilot study was to examine data collection instruments that will be used in the main data collection. It is important that any tools of data collection should have a pilot study in order to iron out any problems of overlap of categories (Cohen et al, 2005: 130). In other words, Drever (1995: 56) points out that the researcher in the pilot study is trying to do two things: first, to give the interview a trial run under realistic conditions; second, to get as much information as possible from the other person about how they interpret and reacted to the researchers questions. Instruments Two instruments of data collection were used in the pilot study: first, in class-essay writing sessions, this was done by asking students to write three essay drafts in three different writing sessions. The time allowed for writing the essay drafts was 90 minutes. The number of errors was used to measure the achievements of the students accuracy in a new piece of writing. Second, conducting an interview with students first and then their tutors in order to know their expectations towards tutors error feedback. Participants Students from the two colleges were selected and had informed that their writing work would be analysed and used for research and teaching purposes. First year students and second year students from each college were enrolled in three writing class sessions. The total number of students who participated in the study was ninety-seven students. Students assigned to two different groups: first group, students who received coded direct written feedback focused on form and the other group who received un-coded written feedback focused on form as well. English writing tutors were selected in the study and their number was four. Pilot Study Procedures and methods of collecting data Used Students were required to write three descriptive essays on different topics but on a similar context during six weeks time. Tutors were asked to focus on correcting errors based on form, and they were given a list of types of errors that should be addressed on students essay drafts. (See table 1) Types of Error Article Errors Plural Nouns Errors Prepositions Wrong Word Punctuations Missing word Spelling Word Order Capitalization Subject-Verb Agreement Personal Pronouns Verb Tense Errors Incomplete Sentence Table: 1 Tutors asked students to write between 250 300 words for the first essay draft for both first and second year students. All students were given 90 minutes to write their essays. Tutors asked first year students to write three descriptive essays in six weeks time. The first essay topic was to describe your family and whether it is a typical family in Libya. In week two, they were asked to describe their best friends and why they were the best of their friends. In week six, students were asked to describe one of their parents and how they would describe them. Likewise, tutors asked second year students to write three descriptive essays in six weeks time. The first topic was to describe any important Muslim event in their country and why it is important to them. In week two, students were asked to describe their national holiday event in their country and why it is important. In week six, students were asked to describe their favourite holiday place in their country and why it is favou rite one. Interview with students and then with their tutors The place of the interview was selected in consultation with the heads of the English departments and was prepared to carry out the interview individually with students and tutors. A small quiet office, and free from interruptions was arranged to use it for the interview with the participants. The plan was to interview two participants each day and that was because of the availability of the students and the tutors during their attendance in the college. Students selection was randomly, one student from each class was chosen, and that would be two students from each college. However, I informed the participants with the dates and time available during the week. Tutors timetable was taken as well, and they were informed with the dates and time available. Participants were all informed that the time of each interview would normally take from 30-40 minutes, and they were also informed that their interviews would be audio-recorded. The interview atmosphere was encouraging. The interviewees were enthusiastic and their attitudes towards the interview were positive. However, tutors interviews were carried out without observing any negative side of their attitudes, and they were all cooperative with the interviewer. They were informed with the concerns had been given from the students interview. Concerns and suggestions raised during data collection of the pilot study. A pilot study assisted me to know how to work out the procedures of the main data collection and looking at anything needs to be modified or changed. It also helps to create new and important ideas to the tools of data collection. The full benefits of conducting the pilot study can be seen after analysing the data gathered from the pilot study. Such analysis will show how effective the tools were. The following points were initial concerns and problems I have face during the pilot study. Three students refused to participate in the study, unless they had given bonus marks. These students were excluded from the study. The other students who asked for bonus marks to participate in the study were accepted to participate in the study without getting any bonus marks when their tutors explained the importance of the study to the education system in Libya. It had been noticed that few students who could write up to 300 words while the others were unable to reach 250 words. The number of words required for the essay writing should be reduced to 150 -200 words. Two students were unable to finish their essay within the 90 minutes and asked to give them extra time. I negotiated the issue with their tutor, and we agreed that the 90 minutes given is adequate and fair enough for low-level students to write their essay in-class sessions. Those two students had written more than 150 words in total and thus 90 minutes are enough. Few students showed no interest writing their essay insufficiently as they wrote few lines. After their tutors had assessed these essay drafts, and I was told that they did not do their best. I suggest that the final essay draft should be assessed based on the exam so the students would show their effort towards the quality of their writing. It had been noticed that one of the tutors did not show or recognise his students errors so tutors experiences CV is needed for the main study. Concerns and suggestions raised during the interview with students and tutors. Students who participated in the interview were willing to share their views and concerns about their experiences. It had been noticed that time assigned to the interview was shorter than it was expected; therefore, time should be extended from 30-40 minutes into 40-60 minutes. Students questions were understandable and students found it easy to answer with the help of the translation. The translation was used when it is necessary. Therefore, interview questions were appropriate for the interview. There were two concerns with the tutors interview questions. Question number one was changed from what types of written feedback do you think are helpful for students to improve their essay writing skills? Why? in What type of written feedback do you think is helpful for students to improve their essay writing skills? Why? Tutors answered Question number 6 Have you observed any midterm effects on students essay writing as a result of using different types of written feedback? What are those effects, if any? depended on their experiences not on what they had observed during midterm. This was because they could give their opinions if it was a midterm-based exam.

Taoist Reading of Henry James novel, The American Essay -- Henry James

A Taoist Reading of  Henry James' novel, The American Henry James' novel, The American, tells the story of one man's journey in search of the Tao. Or, rather, the qualities of Christopher Newman are the qualities of a student of the Tao, following the teachings of the Sage described in Lao Tzu's Tao Te Ching. Each time Newman digresses from his path, the lure or object which he desires eventually pushes him back on to it. James's description of Newman as an American incorporates many tenets of the Tao, beginning with the sudden enlightenment on Wall Street that leads to the events in this novel. Likewise, James's Europe rings of Confucianism, the belief system that Taoism eventually replaced in 7th century BC China. As the Introduction to the Penguin edition states, Newman's American qualities can be taken in either a positive or negative light. Our class discussion revealed a resounding agreement with the negative side of Newman as an American, his uncultivated ignorance and unrefined audacity. Sadly, the class has accepted Europe's negative stereotype of the American. On the positive side, Newman's Taoist qualities make him the ideal American. Because of his near perfection, he is despised by those characters whose imperfections he silently reveals. It is perhaps this very interaction between Newman's Taoist American qualities and the more Confucian qualities of the Europeans which originally fostered these negative stereotypes. Taoism is an ancient Chinese philosophy dating back as early as the 6th century BC. Many Chinese philosophers have attempted to put the Tao into writing, the most widely known being Lao Tzu's Tao Te Ching. The Tao Te Ching, loosely translated as the Book of Virtues, contains 81 poems assert... ... order of things. His lack of culture, social grace, and position allow him to enjoy what he finds aesthetically pleasing rather than settle for what he should; and communicate to others his true nature rather than one shrouded in applied labels and preconceived notions. Newman, and many Americans, are like the Taoist concept of the uncarved block. The most skilled sculptor carves the least. Our lack of strictly defined stratification and culture leaves us empty and thus open to whatever may fill us, rather than already full and closed-minded. Works Cited and Consulted Borus, Daniel. Writing Realism: Howells, James, and Norris in the Mass Market. Chapel Hill: U of North Carolina P, 1989. Dalton, Jerry O., Tao Te Ching: Backward Down the Path. Avon Books, New York, 1996. Kaplan, Nancy. Essential Readings in Realism. Durham: Duke University Press,1997.

Eating with Your Hands Essay

Society today is one big melting pot. People bring their customs and cultural traditions and it conglomerates with others creating these norms we follow. We live by, what time has created over time, a status quo, or social rights and wrongs. In the passage, Eating with Your Hands, the author opens the topic about etiquette, one of the major social controversies. She talks about why some foods are only acceptable to be eaten with proper utensils while others can be â€Å"finger food†. It’s true—but why is that a known rule? And why is it frowned upon? The passage has some background history of people groups within certain countries eating food with their hands, and how it almost gives an individual a better sense of what he or she is eating. The author brings up how it’s the meeting of the soul and the skin; whereas silverware places a distance between you and your food. She compares it to that of two people making love—giving food and yourself an intimate relationship. I got the sense that society has changed the soul and feeling behind food and meals due to the kosher norms of modern day etiquette. Personally I have never given thought to how I eat my food in comparison with other cultures. Growing up in twenty-first century America I have always eaten the way I’m â€Å"supposed† to; I never gave it a second thought. My culture has almost given me tunnel vision, letting me focus only on what I know as acceptable or natural. This topic opens my mind to what else I might be blinded to. I have never explored what other cultures grow accustomed to like religion, style, relationships, family dynamics or even school. I have always considered myself incredibly fortunate for the life I live, and therefore I never examined the varying cultural aspects of differing nations or people groups. As far as the message of society erasing the intimacy of our meals to ourselves, I can absolutely sympathize with the author’s thoughts. In retrospect, the singular thing that could most certainly bring my family together was the warm meal that awaited us. The physicality of sharing a meal together provided each of us the opportunities to engage, with every member of my family, our singular experiences. Food is a social activity! Assuredly, eating is an activity. When an individual goes out with his or her friends, more often than not they all get dinner together. When one throws a birthday party, a favorite restaurant or catering or favorite home-cooked meal is involved. Social interactions like dating usually incorporate food of some sort. In the generation of everything digital, it is common to take a picture of a meal and post it to a social media. Food has always been a part of social interaction. I do think that society has put a strain on the comfort of eating how we desire, without our conscious recognition. Perhaps because we grew up learning that we couldn’t eat spaghetti with both hands.

5 Presidents Who Were Sued By Members of Congress