What constitutional clause did McCulloch v. Maryland use?
Asked by: Burnice Legros MD | Last update: May 25, 2026Score: 4.4/5 (71 votes)
McCulloch v. Maryland (1819) famously used the Necessary and Proper Clause (Article I, Section 8) to establish implied congressional powers and the Supremacy Clause (Article VI) to assert federal law's superiority over state law, ruling Congress could create a national bank and states couldn't tax it. Chief Justice Marshall defined "necessary" broadly as "appropriate and legitimate," allowing Congress broad authority to carry out its enumerated powers.
What constitutional clause was debated in McCulloch v. Maryland?
The Court thus struck down the tax as an unconstitutional attempt by a state to interfere with a federal institution, in violation of the Supremacy Clause. The opinion stated that Congress has implied powers, which must be related to the text of the Constitution but do not need to be enumerated within the text.
What is Article 1 Section 8 Clause 3?
Article I, Section 8, Clause 3: [The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . .
What is the Article 6 Clause 2 of the Constitution?
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
What is the Necessary and Proper Clause in McCulloch v. Maryland?
The Necessary and Proper Clause of the Constitution (Article I, § 8) enabled Congress to pass all laws to effectively pursue its specified ends: “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not ...
McCulloch v Maryland, EXPLAINED [AP Gov Required Supreme Court Cases]
What is Article 1 Section 8 Clause 18 of the Constitution?
Article I, Section 8, Clause 18: [The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
When has the elastic clause been used?
The Elastic Clause was used to justify the creation of a national bank, which would be challenged and then upheld in McCollough v. Maryland. The Elastic Clause appears in Article I, Section 8 of the United States Constitution, allowing Congress to make laws not specifically mentioned in the Constitution.
What does Article 6 Clause 1 mean?
Article VI, Clause 1: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
What is Article 1 Section 9 Clause 7?
Article I, Section 9, Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
What is the Article 1 Section 10 Clause 1?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title ...
What is the Article 1 Section 2 Clause 3?
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, ...
What is the Article 2 Section 2 Clause 2?
The Constitution provides, in the second paragraph of Article II, Section 2, that “the President shall have Power, by and with the Advice and Consent of the Senate to make Treaties, provided two thirds of the Senators present concur.” Thus, treaty making is a power shared between the President and the Senate.
Why is article 1 section 8 clause 18 known as the elastic clause?
Simple Definition of Elastic Clause
This provision is called "elastic" because it allows Congress to expand its legislative authority beyond explicitly listed powers to fulfill its constitutional responsibilities.
Which two provisions in the Constitution were upheld and strengthened in the McCulloch v. Maryland decision?
In the McCulloch v. Maryland decision, which two provisions in the constitution were upheld and strengthened? The necessary and proper clause and the supremacy clause.
Which is a true statement about James McCulloch of McCulloch v. Maryland?
Therefore, the true statement is that James McCulloch ran a federal bank in Maryland, and he was involved in the legal dispute because he refused to pay the state tax on the federal bank, not because he refused to pay federal taxes or because he paid both state and federal taxes.
What is Article 1 Section 9 Clause 8?
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
What is the Article 7 Clause 1?
Clause 1 Revenue
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
What is the Article 1 Section 2?
Section 2 House of Representatives
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
What does article 6 clause 2 mean?
Article VI, Section 2 of the U.S. Constitution, known as the Supremacy Clause, establishes that the Constitution, federal laws, and treaties are the "supreme Law of the Land," taking priority over conflicting state laws and constitutions, meaning federal law must be followed by state judges and officials, ensuring federal power over state power. It also addresses assumption of Revolutionary War debts and requires oaths to support the Constitution, but bars religious tests for office.
What is the Article 1 clause?
Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate.
What is the Article 1 Section 6 Clause 2?
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be ...
What is another word for the elastic clause?
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power...
Why is the clause controversial?
The Supremacy Clause generated significant controversy during debates over the Constitution's ratification. Anti-Federalist opponents of the Constitution argued that the Clause would make the national government overly powerful and infringe on state sovereignty.
What is the significance of the Necessary and Proper Clause in article I section 8 of the U.S. Constitution?
The last paragraph of Article I, Section 8 grants to Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"--the "Necessary and Proper Clause." The proper interpretation of the Necessary and Proper Clause was the subject of a heated debate between such ...
What is the Article 2 Section 2?
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.