SCOTUS Comparison Practice

McCulloch v. Maryland (1819)

FRQ Prompt

In 2010, Arizona enacted S.B. 1070, a state law intended to discourage illegal immigration. One provision made it a state crime for an immigrant to be in the state without carrying registration documents. The federal government sued, arguing that immigration is an exclusive national power. Arizona argued that the state had a "reserved power" to protect its citizens when federal enforcement was lacking. In its decision, the Supreme Court struck down the state-level penalties, holding that the federal government possesses "broad, undoubted power over the subject of immigration" and that federal law preempts state law in this field.

Identify the constitutional clause that is common to both McCulloch v. Maryland and Arizona v. United States.

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