Necessary and Proper Clause (McCulloch v. Maryland)

McCulloch v. Maryland

US decides to charter a national bank and put it in Maryland.

• Maryland did not want it to compete with state banks

Necessary and Proper Clause:

• allows congress to pass laws that are necessary to carry out the powers granted to the govt. by the constitution

1. can the US charter National bank? → Yes

   • NP clause forms doctrine of implied power, referred to as “elastic clause”

2. can Maryland tax that bank? → No

   • The power to tax involves the power to destroy

Whole sates wants national bank → would allow one state to have veto power over the rest of the nation

National govt can set standards that the states must follow → minimum wage