McCulloch v Maryland

1816

congress charted 2nd national bank

Background

Maryland taxes the bank because it’s a company in the state.

Commerce Clause

The federal government needs to regulate the national money because of the _________

Necessary and Proper Clause

The _______ allows the federal government to create a national bank to carry out their duties under the commerce clause

Supremacy clause

The state government can’t tax the national bank because it would contradict the ________

Arguments for Respondent

• The fed gov could put state banks out of business

• The constitution doesn’t explicitly mention a national bank

• The national bank is in Maryland so Maryland can tax it

Arguments for the petitioner

• The fed gov needs to regulate money under the commerce clause

• The elastic clause allows them to carry out any laws to make this happen

• The supremacy clause doesn’t allow state to tax the federal government

Court Ruling

Congress can establish a national bank

• Elastic allows them to carry out commerce

• Supremacy

Impact of the Ruling

Solidifies the Elastic clause and expands the fed gov’s powers

Unanimous

Decision

Constitutional question

Does the Commerce Clause and the Necessary and Proper Clause give congress the authority to establish the bank?

Does the Supremacy Clause allow Maryland to tax the national government?

Petitioner

National Government

Respondent

Maryland