Which clause of the US Constitution did the Supreme Court interpret in McCulloch v Maryland?

Asked by: Dr. Hannah Christiansen PhD  |  Last update: February 19, 2022
Score: 4.6/5 (29 votes)

In McCulloch v. Maryland (1819), the Supreme Court's most famous case interpreting the Necessary and Proper Clause

Necessary and Proper Clause
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.
https://en.wikipedia.org › wiki › Necessary_and_Proper_Clause
, the Court sided with Hamilton, giving Congress very broad authority to determine what is “necessary” for implementing federal powers.

What constitutional principles did the Supreme Court rule in McCulloch v. Maryland?

This case established two important principles in constitutional law: (1) the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government, and (2) state action may not impede valid constitutional exercises of power by the Federal ...

Which clause of the US Constitution did the Supreme Court interpret as preventing Maryland from taxing the national bank?

The Supreme Court, however, decided that the chartering of a bank was an implied power of the Constitution, under the “elastic clause,” which granted Congress the authority to “make all laws which shall be necessary and proper for carrying into execution” the work of the Federal Government.

What clause or stipulation of the Constitution was invoked in the ruling of McCulloch v. Maryland?

The Court invoked the Necessary and Proper Clause of the Constitution, which allows the federal government to pass laws not expressly provided for in the Constitution's list of express powers if the laws are useful to further the express powers of Congress under the Constitution.

Which clause of the Constitution did the Supreme Court interpret in McCulloch v. Maryland as allowing Congress to create a national bank?

McCulloch v. Maryland (1819) is one of the first and most important Supreme Court cases on federal power. In this case, the Supreme Court held that Congress has implied powers derived from those listed in Article I, Section 8. The “Necessary and Proper” Clause gave Congress the power to establish a national bank.

McCulloch v. Maryland Summary | quimbee.com

36 related questions found

What did the Supreme Court decide in McCulloch v. Maryland quizlet?

In McCulloch v. Maryland the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank.

How was the Supremacy Clause used in McCulloch v. Maryland?

McCulloch appealed to the U.S. Supreme Court, which reviewed the case in 1819. ... Second, the Court ruled that Maryland lacked the power to tax the Bank because, pursuant to the Supremacy Clause of Article VI of the Constitution, the laws of the United States trump conflicting state laws.

What was the Supremacy Clause?

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

What is the elastic clause?

noun. a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

What does Article 1 Section 8 of the Constitution say?

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; 1 Taxing Power. ...

On what 2 clauses of the Constitution did Supreme Court Chief Justice John Marshall base his decision in McCulloch vs Maryland quizlet?

Maryland? John Marshall's Supreme Court increased the powers of the National Government and defended the supremacy clause and the necessary and proper clause in its loose constructionist interpretation.

Do you agree with McCulloch v. Maryland?

In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers.

What is the Commerce Clause of the Constitution?

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

Which action by the state of Maryland led to McCulloch vs Maryland?

In 1818, Maryland legislators passed a law imposing a stamp tax on currency issued by second Bank of the United States, in an effort to hinder it from doing business. In response, a cashier at the bank's Baltimore branch, James W. McCulloch, refused to pay the tax.

What were the two constitutional issues the Court had to settle in McCulloch v. Maryland 1819 )?

The Constitutional question at stake

For McCulloch v. Maryland, there were two questions the Court was trying to answer: Did Congress have the authority to establish the bank under the Constitution? Did the Maryland law unconstitutionally interfere with congressional powers?

What were the implications of McCulloch versus Maryland for federalism?

What were the implications of McCulloch v. Maryland for federalism? The McCulloch decision established the doctrine of implied powers, meaning the federal government can create policy instruments deemed necessary and appropriate to fulfill its constitutional responsibilities.

Why is clause 18 called the elastic clause?

Located in Article I, Section 8, Clause 18 of the U.S. Constitution, the Elastic Clause is so named because of the flexibility it gives to Congress when it comes to exercising its enumerated powers.

When was the elastic clause used?

One of the most important, early tests of the Elastic Clause was in the case of McCulloch v. Maryland. Earlier, in 1791, Alexander Hamilton had used the Elastic Clause to argue for the creation of a national bank.

What are the clauses of the Constitution?

Clauses within the Amendments
  • Establishment Clause.
  • Free Exercise Clause.
  • Free Speech Clause.
  • Free Press Clause.
  • Free Assembly Clause.
  • Petition Clause.

How does the 10th Amendment conflict with the Supremacy Clause?

The Constitution's supremacy clause ensures that the Constitution is the highest, or supreme, law. The Tenth Amendment gives some power back to the states, though only those powers that were not already granted to the federal government.

How might the decision in McCulloch v. Maryland make future Supreme Court decisions more complicated?

How might the decision in McCulloch v. Maryland make future Supreme Court decisions more complicated? The principle of the federal supremacy meant the Court would more often rule in favor of federal powers over those of individual states. ... Banks cannot be created by Congress.

What does the Constitution say is the supreme law of the land quizlet?

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any ...

When was the Supremacy Clause used?

Constitutional Convention

According to Madison's Notes of Debates in the Federal Convention of 1787, the Supremacy Clause was introduced as part of the New Jersey Plan. During the debate, it was first put up for a motion by Luther Martin on July 17th, when it passed unanimously.

How did the Supreme Court's rulings in Marbury v Madison and McCulloch v. Maryland profoundly affect American federalism?

How did the Supreme Court's rulings in Marbury v. Madison and McCulloch v. Maryland profoundly affect American federalism? The Court held that federal law is supreme over state law.

What clause was used in U.S. v Lopez?

Lopez, legal case in which the U.S. Supreme Court on April 26, 1995, ruled (5–4) that the federal Gun-Free School Zones Act of 1990 was unconstitutional because the U.S. Congress, in enacting the legislation, had exceeded its authority under the commerce clause of the Constitution.