Which two clauses does McCulloch cite?
Asked by: Dr. Ford Hahn | Last update: February 6, 2026Score: 4.2/5 (1 votes)
In McCulloch v. Maryland, the Supreme Court cited the Necessary and Proper Clause (Article I, Section 8) to grant Congress implied powers to create the bank, and the Supremacy Clause (Article VI, Clause 2) to assert federal law's superiority over state law, preventing Maryland from taxing the national bank.
What two clauses were used in McCulloch v. Maryland?
In McCulloch v. Maryland (1819), the Supreme Court applied the Necessary and Proper Clause and the Supremacy Clause.
What were the two sides of McCulloch v. Maryland?
On its face, the Supreme Court in McCulloch v. Maryland simply needed to decide whether the Constitution authorized Congress to charter a federal bank, and whether the state of Maryland had the right to tax its operation.
What is the Supremacy Clause in McCulloch v. Maryland?
Additionally, the Supremacy Clause in the Constitution makes federal laws supreme to state laws, and thus prohibits states from enacting laws contrary to federal laws. Consequently, Maryland's tax was unconstitutional.
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.
McCulloch v. Maryland Explained
What was the elastic clause in McCulloch v. Maryland?
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 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 an example of the Supremacy Clause?
For example, take the Airline Deregulatory Act of 1978 (ADA). In the text of this law, Congress "stipulates that the Federal Government shall have preemptive rights about interstate air transportation." This is an example of the federal government declaring its supremacy over one area of regulation.
What case is the Necessary and Proper Clause?
In McCulloch v. Maryland (1819), the Supreme Court's most famous case interpreting the Necessary and Proper Clause, the Court sided with Hamilton, giving Congress very broad authority to determine what is “necessary” for implementing federal powers.
What did the Supreme Court declare in McCulloch v. Maryland quizlet?
McCulloch v. Maryland (1819) ruled that states cannot tax federal institutions, establishing federal law supremacy and confirming Congress has implied powers (Necessary and Proper Clause) to create a national bank, even if not explicitly listed in the Constitution, thus strengthening federal power over states.
How to cite McCulloch v. Maryland?
Cite This Item
Marshall, John, and Supreme Court Of The United States. U.S. Reports: M'Culloch v. State of Maryland., 17 U.S. 4 Wheat. 316 .
What is the legacy of McCulloch v. Maryland?
The ruling established that national sovereignty is supreme over state authority, particularly when conflicts arise, thereby limiting states' powers to tax federal entities.
What is a common constitutional principle used to make a ruling in both McCulloch v. Maryland 1819 and Arizona v. United States 2012?
Explanation: The common constitutional principle used in both McCulloch v. Maryland (1819) and Arizona v. United States (2012) is the concept of federal supremacy outlined in the Supremacy Clause of the Constitution.
What are the two clauses of the First Amendment?
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause.
Which Supreme Court case used the commerce clause?
In 1824's Gibbons v. Ogden, the Supreme Court held that intrastate activity could be regulated under the Commerce Clause, provided that the activity is part of a larger interstate commercial scheme.
What parts of the Constitution were used to support the McCulloch v. Maryland decision?
In its ruling, the Supreme Court established firstly that the "Necessary and Proper" Clause of the U.S. Constitution gives the U.S. federal government certain implied powers necessary and proper for the exercise of the powers enumerated explicitly in the Constitution, and secondly that the American federal government ...
What is the most famous Court case ever?
There's no single "most famous" case, but top contenders include Dred Scott v. Sandford (slavery/Civil War), Brown v. Board of Education (desegregation), Roe v. Wade (abortion rights), Miranda v. Arizona (rights of the accused), and the O.J. Simpson trial (media spectacle/criminal law), each famous for profound societal impact or massive public attention, shaping American law and culture.
What clause is called the Necessary and Proper Clause?
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.
Why is it 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.
Why is article 6 called the Supremacy Clause?
Under the Articles, state laws superseded federal law. However, the supremacy clause declares the opposite: that the Constitution is the law of the land, and federal laws take priority over state laws.
What is an example of the act of supremacy?
On May 13, 1533, Thomas Cranmer, the Archbishop of Canterbury, annulled Henry VIII's marriage to Catherine. In November 1534, the Act of Supremacy was passed, declaring Henry VIII as the Supreme Head of the Church of England, and allowing him the freedom to marry whom he pleased.
Does the Supremacy Clause apply to treaties?
The Supremacy Clause gives treaties a domestic judicial sanction that they would otherwise lack. It makes treaties enforceable in the courts in the same circumstances as the other two categories of norms specified in the clause—federal statutes and the Constitution itself.
Where is the Supremacy Clause found?
Established under Article VI, Paragraph 2 of the U.S. Constitution, the Supremacy Clause enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states.
What is the Article 25 Clause 2?
(2)Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a)regulating or restricting any economic, financial, political or other secular activity which maybe associated with religious practice; (b)providing for social welfare and reform or the throwing open of ...
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.