McCulloch v. Maryland Supreme Court Opinion Review

Vocabulary flashcards covering key legal terms, principles, and constitutional interpretations from Chief Justice Marshall's ruling in McCulloch v. Maryland (1819).

McCulloch v. Maryland (1819)

A landmark Supreme Court decision (4 Wheaton 316) ruling that Congress has the implied constitutional power to incorporate a national bank, and that states cannot tax the legitimate operations of the federal government.

Chief Justice Marshall

The Chief Justice of the Supreme Court of the United States who delivered the unanimous Opinion of the Court in McCulloch v. Maryland.

Enumerated Powers

The specific list of powers explicitly granted to the national government in the Constitution, including the powers to lay and collect taxes, borrow money, regulate commerce, declare war, and raise armies and navies.

Tenth Amendment

The constitutional amendment reserving powers not delegated to the United States to the States or to the people, which intentionally omitted the word "expressly" to avoid rigid restrictions on implied powers.

Necessary and Proper Clause

A clause in the Constitution empowering Congress to make all laws which shall be necessary and proper for carrying into execution its enumerated powers and all other powers vested in the government.

The word "Necessary"

As interpreted by Chief Justice Marshall, a flexible term admitting of degrees of comparison that grants Congress choice of appropriate means, rather than restricting it strictly to what is "absolutely necessary."

Power of Creating a Corporation

An incidental or implied power used as a means to accomplish legitimate constitutional ends, rather than a great substantive and independent power like declaring war or levying taxes.

Principle of Supremacy

The constitutional axiom stating that the Constitution and the laws made in pursuance thereof are supreme and control the constitutions and laws of the respective States.

First Corollary of Supremacy

The proposition deduced by the Court stating that a power to create implies a power to preserve.

Second Corollary of Supremacy

The proposition deduced by the Court stating that a power to destroy, if wielded by a different hand, is hostile to and incompatible with powers to create and preserve.

Third Corollary of Supremacy

The proposition deduced by the Court stating that where a repugnancy exists, the authority which is supreme must control, not yield to that over which it is supreme.

Power to Tax Involves the Power to Destroy

The foundational legal concept established in the ruling that allowing a state to tax an instrument of the federal government creates a repugnant power capable of defeating or destroying federal constitutional operations.

Exceptions to State Tax Exemption

Specific instances where state taxation is still permitted, limited to real property of the Bank in common with other real property in the State, or private citizen holdings of bank interest/stock.