McCulloch v Maryland

Unit 1

Background

A federal bank was built in Baltimore, Maryland. Maryland passed a law where the federal court had to pay taxes

Arguments:

1. Maryland argued that the establishment of a national bank was unconstitutional. Article 1 Section 8, contained did not say that Congress had the power to create a bank

2. McCulloch’s lawyers argued that the bank was constitutional. Article 1 section 8 contained the necessary and proper clause

Decision

Chief justice John Marshall argued that the bank was constitutional on the authority of the national and proper clause

What did this case establish?

1. The supremacy of national laws against state laws

2. The Constitution grants Congress implied powers (powers not directly said in the Constitution)