Court Cases

McCulloh v Maryland

 Why was the Supreme Court involved in this dispute?

Since McCulloch has lost, on behalf of him and the US gov, he had brought the case to the US supreme court to get an appeal ( attempt to reverse the decision)

Question 1 and Decision

Does congress have the power to incorporate a bank?

Congress can have a bank because of the necessary and proper clause.- add on to as they see fit but kept within a range. - They used implied powers from the enumerated powers.

question 2 and decision

Is Maryland's tax on the national government legit/valid?( can they do that)

The court denied Maryland's power to tax the Second Bank of the United States. This would cause the states power to be in a way given to the nation which is not constitutional/ not in the constitution. It even specifically says in the 10th amendment. ( powers not given to national gov is given to states)- in that respect they would be doing the quite opposite.

What is the objective/purpose of the last clause in Article I Section 8? Include the terms expressed and implied powers in your answer.

That is the necessary and proper clause/ Elastic Clause. And that allows congress have implied powers from the enumerated powers( they can do as they see fit within a proper range and readability- constitutionality)