
McCulloch v. Maryland (1819) is a landmark U.S. Supreme Court decision that defined the scope of Congress's legislative power and its relationship with the powers of American state legislatures. The case addressed the issue of federal power and commerce, specifically the legality of a national bank and a tax imposed on it by the state of Maryland. The Supreme Court ruled that the 'Necessary and Proper' Clause of the U.S. Constitution gives Congress implied powers to establish a national bank and that Maryland's tax on the bank was unconstitutional. This decision set a precedent for the interpretation of federal power and the relationship between the federal government and the states.
| Characteristics | Values |
|---|---|
| Date | 1819 |
| Court | U.S. Supreme Court |
| Issue Addressed | Federal power and commerce |
| Constitutional Provision | Article I, Section 8; Tenth Amendment |
| Holding | Congress has implied powers derived from those listed in Article I, Section 8, including the power to establish a national bank |
| Necessary and Proper Clause | Allows federal government to pass laws not expressly provided for in the Constitution if such laws are necessary and proper to further expressly authorized powers |
| Federalism | Defines the scope of Congress's powers and its relationship with state governments |
| Legal Precedent | Established that state laws cannot contradict or void federal laws |
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What You'll Learn

The scope of Congress's legislative power
McCulloch v. Maryland (1819) is a landmark Supreme Court case that addressed the issue of federal power and commerce. The case centred around the constitutionality of Congress's power to establish a national bank, with Maryland attempting to impose taxes on the Second National Bank chartered by Congress. The Supreme Court held that Congress had implied powers derived from Article I, Section 8 of the Constitution, which grants Congress the authority to "make all Laws which shall be necessary and proper" for carrying out its duties. This decision set a precedent for interpreting the scope of Congress's legislative power.
Article I of the U.S. Constitution establishes the legislative branch of the federal government and outlines its powers. It vests all legislative powers in a bicameral Congress, consisting of the House of Representatives and the Senate. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having a number of representatives proportional to its population. The Senate, on the other hand, is composed of two senators from each state, serving six-year terms.
The legislative process in Congress involves both chambers working together to enact laws. While the House of Representatives has the sole power to originate revenue legislation, and the Senate confirms presidential nominations and approves treaties, any law must be passed by both chambers separately before being presented to the President. Congressional action is planned and coordinated by party leaders in each chamber, who set the policy agenda and decide which proposals will be considered. Committees play a crucial role in drafting and considering legislative proposals and providing oversight of policy implementation.
In McCulloch v. Maryland, the Supreme Court interpreted the "Necessary and Proper" Clause of Article I, Section 8 to mean that Congress had the implied power to establish a national bank, even though the word "bank" was not specifically mentioned in the Constitution. This decision expanded the scope of Congress's legislative power by recognising that Congress could take actions necessary and proper for carrying out its enumerated powers, even if those actions were not explicitly listed in the Constitution.
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The relationship between federal government and states
McCulloch v. Maryland (1819) is considered a landmark case in US constitutional law. It is one of the first and most important Supreme Court cases on federal power and its relationship with individual states. The case addressed the issue of federal power and commerce, specifically the legality of a national bank and a tax imposed on it by the state of Maryland.
The state of Maryland had passed legislation to impose a tax on the Second National Bank, chartered by Congress. The Second Bank of the United States refused to comply, resulting in a lawsuit against its head, James William McCulloch. The Supreme Court ruled that the chartering of a bank was an implied power of the Constitution, under the "elastic clause" or "Necessary and Proper Clause". This clause grants Congress the authority to "make all laws which shall be necessary and proper for carrying into execution" the functions of the federal government. Chief Justice John Marshall wrote that the Constitution did not limit Congress to only those powers specifically listed in Article I. He argued that the "end" (the establishment of a national bank) was legitimate and within the scope of the Constitution, and that all means to achieve this end, which were not prohibited by the Constitution, were constitutional.
This case set an important precedent in defining the scope of Congress's powers and the relationship between the federal government and the states. It established that Congress has implied powers derived from those listed in Article I, Section 8, and that the federal government can pass laws not expressly provided for in the Constitution, as long as they are necessary and proper to further the powers expressly authorized. This decision also clarified that state laws cannot contradict federal laws, as Chief Justice Marshall determined that Maryland's tax on the national bank was unconstitutional, stating that "the power to tax involves the power to destroy".
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The constitutionality of a national bank
McCulloch v. Maryland (1819) is a landmark Supreme Court case that addressed the issue of federal power and commerce. The case centred around the constitutionality of a national bank and is considered one of the most important Supreme Court cases on federal power.
The State of Maryland passed legislation in 1818 to impose taxes on the Second National Bank, chartered by Congress. Maryland's legislation was an attempt to challenge the power of the national bank, as it required taxes on all banks not chartered by the state. James W. McCulloch, a federal cashier at the Baltimore branch of the US bank, refused to pay the tax, leading to a lawsuit filed by Maryland to collect the taxes.
The Supreme Court ruled in favour of McCulloch, deciding that the establishment of a national bank was within Congress's implied powers under the "Necessary and Proper" Clause (also known as the "elastic clause"). Chief Justice John Marshall's interpretation of the Constitution played a crucial role in the Court's decision. Marshall argued that the Tenth Amendment's omission of the word "expressly" indicated that Congress was not limited to only the powers specifically listed in Article I.
Marshall further stated that the "elastic clause" granted Congress the authority to "make all laws which shall be necessary and proper for carrying into execution" the functions of the Federal Government. He asserted that establishing a national bank fell within the scope of Congress's enumerated powers, including the power to lay and collect taxes, borrow money, and regulate commerce.
The McCulloch v. Maryland case set a significant precedent in interpreting the Constitution and the powers of the federal government, shaping the understanding of federal power and commerce in the United States.
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The applicability of the US Constitution to Maryland
McCulloch v. Maryland (1819) is considered one of the most important Supreme Court cases on federal power. The case addressed the issue of federal power and commerce and set a precedent for the applicability of the US Constitution to individual states, including Maryland.
The case centred around the constitutionality of the national bank, with Maryland questioning whether Congress had the power to establish such an institution. The state argued that the Constitution did not provide a textual commitment for the federal government to charter a bank. In response, attorneys for McCulloch argued that a national bank was "necessary and proper" for Congress to establish to carry out its enumerated powers.
The Supreme Court ruled in favour of McCulloch, deciding that the chartering of a bank was an implied power of the Constitution under the "elastic clause." This clause grants Congress the authority to "make all laws which shall be necessary and proper for carrying into execution" the work of the federal government. Chief Justice John Marshall supported this interpretation, noting that the Tenth Amendment did not include the word "expressly," indicating that the Constitution did not limit Congress to only those powers specifically listed in Article I.
The decision in McCulloch v. Maryland established the principle that states cannot interfere with the federal government when it exercises its implied powers under the Necessary and Proper Clause to further its express constitutional powers. This case set a precedent for the applicability of the US Constitution in Maryland and other states, clarifying the balance of power between the federal government and individual states.
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The Tenth Amendment
The text of the Tenth Amendment is as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment originated from debates during the framing of the Constitution, with some arguing for a bill of rights to limit the federal government's scope. The Tenth Amendment is similar to Article II of the Articles of Confederation, which affirms state sovereignty and independence.
The McCulloch v. Maryland case of 1819 addressed federal power and commerce. The Supreme Court decided that Congress had implied powers beyond those listed in Article I, Section 8, of the Constitution. Chief Justice John Marshall wrote that Congress's powers extended beyond the enumerated powers, including the power to lay and collect taxes, borrow money, and regulate commerce. Marshall's opinion noted that the Tenth Amendment did not include the word "expressly," indicating that Congress was not limited to only the powers specifically listed in Article I. This decision set a precedent for interpreting the scope of federal power.
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Frequently asked questions
The case addressed the issue of federal power and commerce, specifically whether Congress had the power to establish a national bank.
The Supreme Court decided that Congress had implied powers derived from those listed in Article I, Section 8, and that the "Necessary and Proper" Clause allowed Congress to establish a national bank.
McCulloch v Maryland was a landmark decision that defined the scope of Congress's legislative power and its relationship with the powers of American state legislatures. It was one of the first major cases on federal power and set a precedent for the interpretation of Congress's powers.

























