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McCulloch vs. Maryland Facts of the Case
Congress created a National Bank
It is not in the constitution that Congress can do that
State legislature of Maryland taxes the Federal Bank
McCulloch, the manager of the bank, refuses to pay
McCulloch is arguing that the bank never had a right to exist in the first place
McCulloch vs. Maryland Clauses
Necessary and Proper Clause
Supremacy Clause
Necessary and Proper Clause
Article I
Congress’s powers include not only those expressly listed, but also the authority to use all means necessary and proper for executing those express powers. Under the Necessary and Proper Clause, congressional power encompasses all implied and incidental powers that are conducive to the beneficial exercise of an enumerated power.
The enumerated power in this case being regulating commerce
Supremacy Clause
federal law prevails over conflicting state law
McCulloch v Maryland Decision
Congress has a right under the Necessary and Proper Clause to create the Nat. Bank
Maryland cannot tax the bank, which is a federal entity
Federal Law is supreme over state law
McCulloch v Maryland Implication
It creates the Implied Powers Doctrine
Congress has power beyond what is stated in the constitution
United States vs. Lopez Facts of the Case
Congress passed the Gun Force Zone Act, prohibiting people from knowingly carrying a gun in a school zone.
A student in Texas was convicted of breaking it
He argued that Congress never had the right to pass the act
United States vs. Lopez Clauses
Commerce Clause
United States vs. Lopez Decision
Carrying a gun does not qualify as economic activity or under the commerce clause
Congress does not have the right to pass this law. The States handle this issue.
United States vs. Lopez Implication
Narrows the definition of commerce.
It Gives power to the states to make decisions and ignore federal laws.
States feel better asserting their rights
