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Most of the expressed powers of Congress are found in Article I, Section 8 of the US Constitution. While the powers are clearly stated, custom and usage has changed some of the powers. The last clause of that Article, the so-called elastic clause (or necessary and proper clause), is responsible for the modification of the powers of Congress. The clause gives Congress the right to "make all laws necessary and proper." It stretches the power of Congress.

But, what do the words necessary and proper mean? The issue became part of the "strict" versus "loose" interpretation of the Constitution.

In 1819 the Supreme Court addressed this problem in McCulloch v Maryland. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. The Court ruled in favor of a loose interpretation. This decision gave the Congress the power to make any laws that were necessary to carry out its expressed powers, as the Court declared that state action could not impede the constitutional power of the Federal government. It was argued that if the state was permitted to tax any part of the Federal government, it could tax it out of existence.

Case Citation:

McCulloch v. Maryland, 17 US 316 (1819)

For more information, see Related Questions, below.

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How did the supreme court's ruling in mcculloch v. Maryland strengthen the federal government?

How did the Supreme Court’s ruling in McCulloch v. Maryland strengthen the federal government ?The court case known as McCulloch v. Maryland of March 6, 1819, was a seminal Supreme Court Case that affirmed the right of implied powers, that there were powers that the federal government had that were not specifically mentioned in the Constitution, but were implied by it.


Who was Chief Justice of the Supreme Court when the Supreme Court handed down the ruling for McCulloch v. Maryland?

John Marshall


How did the Supreme Courts ruling the mcCulloch v. Maryland strengthen the federal government?

How did the Supreme Court’s ruling in McCulloch v. Maryland strengthen the federal government ?The court case known as McCulloch v. Maryland of March 6, 1819, was a seminal Supreme Court Case that affirmed the right of implied powers, that there were powers that the federal government had that were not specifically mentioned in the Constitution, but were implied by it.


What landmark case determined that the supreme court could review state court decisions?

McColloch v. Maryland


How did the ruling in McCulloch v. Maryland contribute to strengthening the national government?

How did the Supreme Court’s ruling in McCulloch v. Maryland strengthen the federal government ?The court case known as McCulloch v. Maryland of March 6, 1819, was a seminal Supreme Court Case that affirmed the right of implied powers, that there were powers that the federal government had that were not specifically mentioned in the Constitution, but were implied by it.


What did the supreme court case McCulloch v Maryland settle?

McCulloch v. Maryland settled that the National Bank was constitutional. Also it settled that Maryland does not have the power to tax a institution created by congress.


What was the ruling of the appeals court before McCulloch v Maryland came before the Supreme Court?

The US Supreme Court case, McCulloch v. Maryland, (1918) was initially heard in Baltimore County Court, where a Maryland citizen, John James, sued James McCulloch for failing to pay taxes levied against the Second Bank of the United States. James hoped the court would rule McCulloch had to pay the taxes and that he (James) would collect a portion as a reward. The Baltimore County Court judge upheld Maryland law and found against McCulloch.The case was then appealed to the Maryland Court of Appeals, which affirmed the County Court decision (naturally, the Maryland State courts would uphold their own state laws).McCulloch v. Maryland reached the US Supreme Court on a writ of "Error to the Court of Appeals of the State of Maryland."Case Citation:McCulloch v. Maryland, 17 US 316 (1819)


The Supreme Court case that most clearly contributed to the start of the Civil War was?

McCulloch v. Maryland.


State's power to tax the federal government was addressed in the supreme Court decision?

A+ : McCulloch vs. Maryland


Which Supreme Court case prevented states from taxing the federal government?

McCulloch v. Maryland prevented states from taxing the federal government. The state of Maryland was trying to impose a tax on all bank notes of banks not chartered in Maryland. At the time, the only bank of this sort in Maryland was the Second Bank of the United States.


Which Supreme Court case established the superiority of federal law over State law?

McCulloch v. Maryland


Which Supreme Court decision first limited state jurisdiction over federal agencies?

McCulloch v. Maryland