Which clause of the US Constitution did the Supreme Court interpret in McCulloch v. Maryland as allowing Congress to create a national bank?
Asked by: Prof. Liam Mayer DVM | Last update: July 17, 2022Score: 5/5 (68 votes)
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.
Which clause of the US Constitution did the Supreme Court interpret as preventing Maryland from taxing the national bank?
In McCulloch v. Maryland, the U.S. Supreme Court ruled that Congress had the authority to charter a national bank based on the “necessary and proper” clause of the Constitution.
What did the Supreme Court say in McCulloch v. Maryland about Congress power?
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. Pursuant to the Necessary and Proper Clause (Art.
What is the elastic clause?
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.
How was the supremacy clause used in McCulloch v. Maryland?
In McCulloch, Chief Justice John Marshall wrote that the supremacy clause unequivocally states that the “Constitution, and the Laws of the United States … shall be the supreme Law of the Land.”
McCulloch v. Maryland Summary | quimbee.com
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 does the Supremacy Clause say?
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 its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
What are the elastic clause and supremacy clause?
The 18th power, known as the "elastic clause," gave Congress the authority "to make all laws that 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." The committee members also included a "supremacy ...
Why is clause 18 in Article 1 Section 8 of the Constitution called the elastic clause?
Purpose of the Elastic Clause
In general, the main purpose of this "elastic" clause, also known as the "sweeping" or "general clause," is to give Congress the flexibility to get the other 17 enumerated powers achieved.
What does Article 1 Section 8 clause 18 of the Constitution 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 commerce clause of the Constitution?
Overview. 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.
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.
What is the last clause of Article 1 Section 8?
The final clause of Article I, Section 8—known as the “Necessary and Proper Clause” is the source of the implied powers of Congress.
Which two clauses were used in the case McCulloch vs Maryland?
In McCulloch v. Maryland (1819) 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.
Which statement best summarizes the US Supreme Court's decision in McCulloch v. Maryland?
Which statement best summarizes the U.S. Supreme Court's decision in McCulloch v Maryland? Establishing a national bank is an implied power of the federal government.
What constitutional principle did the Supreme Court establish in the McCulloch case?
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 ...
Why is clause 18 in Article 1 Section 8 of the Constitution called the elastic clause quizlet?
The 18 numbered powers of Congress listed in Article 1, Section 8 of the Constitution. Also called the "elastic clause," this enumerated power gives Congress the flexibility to take actions to accomplish the purposes of the enumerated powers in the other 17 clauses of Article I, Section 8.
What is the significance of the Necessary and Proper Clause in Article I Section 8 of the U.S. Constitution?
The Necessary and Proper Clause, which gives Congress power to make “all Laws which shall be necessary and proper for carrying into Execution” other federal powers, is precisely this kind of incidental-powers clause.
When was the elastic clause used?
The Elastic Clause authority was first put into practice in 1791, three years after the United States Constitution was ratified on June 21, 1788. Then the first Secretary of the Treasury, Alexander Hamilton, invoked the Elastic Clause to justify the creation of the First Bank of the United States.
What does the elastic clause of the Constitution allow Congress to do quizlet?
Often called the "Elastic Clause," this clause allows Congress to "stretch" its powers to make laws that were needed to carry out the powers enumerated in the Constitution.
Why was the elastic clause included in the Constitution?
It is called the Elastic Clause because it is used to stretch the powers of Congress to include situations the founding fathers did not anticipate. Prior to the adoption of the Constitution, the powers of the Continental Congress were limited to those expressly delegated in the Articles of Confederation.
What does Article 6 of the Constitution mean in simple terms?
Often referred to as the supremacy clause, this article says that when state law is in conflict with federal law, federal law must prevail.
What does Article 6 of the Constitution say?
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 the Supremacy Clause quizlet?
Supremacy Clause It is the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.
Why is the necessary and proper clause also 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.