What is the Article 1 Section 8 of McCulloch v. Maryland?
Asked by: Camryn Moen | Last update: February 12, 2026Score: 4.8/5 (67 votes)
In McCulloch v. Maryland, Article 1, Section 8 of the U.S. Constitution, specifically the Necessary and Proper Clause (Clause 18), was central, granting Congress implied powers to create a national bank to carry out its enumerated powers like taxing and regulating commerce, even though the Constitution doesn't explicitly mention banking. The Court, led by Chief Justice Marshall, interpreted "necessary" broadly as "appropriate and legitimate," affirming Congress's authority and striking down Maryland's tax on the bank as an unconstitutional state interference.
What does Article 1 Section 8 mean?
Article I, Section 8 of the U.S. Constitution lists the specific, or "enumerated," powers of the U.S. Congress, including the authority to tax, borrow money, regulate commerce, coin money, establish post offices, declare war, and provide for the common defense and general welfare, along with the crucial "Necessary and Proper" Clause (Clause 18) granting implied powers. This section defines the scope of federal legislative authority, with powers not listed reserved for the states or the people.
What does Article 1 Section 8 Clause 18 mean?
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.
What is the Article 1 Section 8 of the Constitution about taxing power?
Article I, Section 8, Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; . . .
What is the Article 1 Section 8 Clause 17?
Article 1, Section 8, Clause 17: Federal Farmer, no. 18. The constitution provides, that congress shall have the sole and exclusive government of what is called the federal city, a place not exceeding ten miles square, and of all places ceded for forts, dock-yards.
McCulloch v. Maryland Explained
How has article 1 section 8 been interpreted?
The Meaning
Article I, Section 8, specifies the powers of Congress in great detail. These powers are limited to those listed and those that are “necessary and proper” to carry them out. All other lawmaking powers are left to the states.
What is Article 1 Section 8 Clause 5?
Article I, Section 8, Clause 5: [The Congress shall have Power . . . ] To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; . . . National Bank v.
What are the powers directly stated in the Constitution under Article 1 Section 8?
Section 8 - Powers of Congress. 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States: 2.
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; . . .
Why is article 1 section 8 clause 18 called the elastic clause?
This 'necessary and proper' clause, then, allows the government to stretch beyond its literal description; that's why the clause is often nicknamed the elastic clause, since its flexibility allows the government to change and grow over time.
What is Article 1 Section 8 Clause 18 of the Constitution it is the source for implied powers in the Constitution?
US Constitution, Article I, Section 8, Clause 18. Necessary and Proper Clause appears in the Constitution. There are implied powers conferred to Congress, which are based on the Constitution. Congress may pass laws that are "necessary and proper" to exercise the authorities that are specified in this section.
What is Article 1 Section 8 Clause 11?
Article I, Section 8, Clause 11: [The Congress shall have Power . . . ] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; . . . See U.S. Const.
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 clause is in article 1, section 8, clause 1 and the preamble?
The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause and the Uniformity Clause), Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation.
What is Article 1 Section 8 Clause 10?
Article I, Section 8, Clause 10: [The Congress shall have Power . . . ] To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; . . . Id.
What is Article 1 Section 8 Clause 12?
I, § 8, cl. 12 ( [The Congress shall have Power . . . To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years . . . . ). Jump to essay-2See 3 Joseph Story, Commentaries on the Constitution of the United States § 475, at 413 (1st ed.
What is Article 1 Section 8 Clause 9?
Article I, Section 8, Clause 9: [The Congress shall have Power . . . ] To constitute Tribunals inferior to the supreme Court. See U.S. Const.
What does article 1 section 8 explain?
Article I, Section 8 of the U.S. Constitution lists the specific, or "enumerated," powers of the U.S. Congress, including the authority to tax, borrow money, regulate commerce, coin money, establish post offices, declare war, and provide for the common defense and general welfare, along with the crucial "Necessary and Proper" Clause (Clause 18) granting implied powers. This section defines the scope of federal legislative authority, with powers not listed reserved for the states or the people.
What is Article 1 Section 8 Clause 16?
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by ...
What is Article 1 Section 8 Clause 7?
Article I, Section 8, Clause 7: [The Congress shall have Power . . . ] To establish Post Offices and post Roads; . . . 2 The Records of the Federal Convention 308 (Max Farrand ed., 1911) (August 16, 1787).
What is the Article 1 Section 5?
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
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 1 Section 7?
Section 7 Legislation
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 does article 1 section 8 allow in terms of revenue?
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; ArtI.S8.C1.1 Taxing Power.
What is the Article 1 Section 10?
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.