In McCulloch v. Maryland, (1819), the US Supreme Court concluded that Congress had the right to charter a federal bank as a constitutional activity under the Taxing and Spending Clause. The Court held the Constitution's Necessary and Proper Clause (Article I, Section 8, Clause 18) conferred to Congress implied powers in addition to the listed enumerated powers in order to facilitate legitimate federal interests. Marshall explained Congress had the constitutional authority to charter a national bank in order to tax and distribute funds.
Article I, Section 8, Necessary & Proper Clause
[The Congress shall have the power] "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
The Court also held that the Supremacy Clause (Article VI, Clause 2), which subordinates state laws to federal and US Constitutional law, prohibited the states from taxing any constitutional means the federal government uses to execute its powers.
Article VI, Clause 2, Supremacy Clause
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
Case Citation:
McCulloch v. Maryland, 17 US 316 (1819)
For more information, see Related Questions, below.
In McCulloch v. Maryland, (1819), the US Supreme Court held that the Supremacy Clause (Article VI, Clause 2), which subordinates state laws to federal and US Constitutional law, prohibited the states from taxing any constitutional means the federal government uses to execute its powers.
The case specifically dealt with Congress' charter for the Second Bank of the United States, which had offices in Philadelphia, PA and Baltimore, MD. Maryland attempted to exert control over its banking industry by passing a law taxing any bank not chartered by the State. McCulloch represented an ongoing power struggle between the states and federal government, as the states sought to retain as much sovereign authority as possible via the Tenth Amendment.
Case Citation:
McCulloch v. Maryland, 17 US 316 (1819)
The US Supreme Court concluded that Congress had the right to charter a federal bank, as an implied power (also called unenumerated powers) of Article I, Section 8, because the bank was being used to further Congress' constitutional authority to tax and distribute funds.
The Court also held that the Supremacy Clause, which subordinates state laws to federal and US Constitutional law, prohibited the states from taxing any constitutional means the federal government uses to execute its powers.
Case Citation:
McCulloch v. Maryland, 17 US 316 (1819)
For more information, see Related Questions, below.
McCulloch v. Maryland (the federal bank of the united states was constitutional, and no state had the right to tax it)
In a federal system, the state and national governments share power. Some authority is exclusive to the national government and some is reserved to the states and the people, but other powers (such as the right to tax) are concurrent, or shared by both entities.
He argued that Congress had the power to create a bank because the Constitution granted the federal government authority to do anything "necessary and proper" to carry out its constitutional functions
Jawaharlal nehru was the president of Indian National Congress in 1931
The Necessary and Proper Clause of the United States Constitution is where the implied powers of the national government are inferred from. It states that Congress has the authority to make all necessary and proper laws to carry out its powers, and has served as a basis for many national programs and policies.
congress or a national convention two-thirds vote of congress
The FDA has the responsibility of monitoring drugs that can be unsafe.
It is the congress box
Congress did not lack control over the national treasury in any specific amendment. The power to control the national treasury is granted to Congress by the U.S. Constitution, specifically in Article I, Section 8, Clause 1. Congress has the authority to levy taxes, borrow money, and allocate funds for government expenses.
It is true that under the Articles of Confederation, Congress lacked the authority to make the states work together to solve national problems. After the states won independence in the Revolutionary War (1775-1783), they faced all the problems of peacetime government.
The Royalist counter revolutionaries.
National Production Authority ended in 1953.
National Production Authority was created in 1950.
National Rivers Authority was created in 1989.
National Port Authority was created in 1967.
National Language Authority was created in 1979.
Palestinian National Authority's population is 2,235,000.
There were one party that was opposition of the National Congress. The Indian National Congress was the only party.