McCulloch v. Maryland

McCulloch V. Maryland

-The Court determined that Congress did have the power to create the Bank.-Chief Justice Marshall also determined that Maryland may not tax the bank without violating the Constitution

The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution.

1. The Constitution grants Implied powers for implementing the constitutions expressed powers, in order to create a functional national gov't.

Legal provision: US Const. Art 1, Section 8 Clauses 1 and 18

Unanimous decison for McColluch!

2.State action may not impede valid constitutional exercises of power by the Federal government.

McCulloch

Chief Justice Marshall

When: 1819

National Archives and Records Administration

2nd Bank of the US