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IV. Implied Powers On Trial

IV. Implied Powers On Trial: McCulloch v. Maryland (1819)

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  1. Implied Power Of Congress Being Challenged:
  • Congress passed laws setting up a national bank (The Bank of the U.S.).
  • The Constitution says nothing about it.
  • Maryland put state taxes on the bank in an attempt to destroy it.

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B. Strict Constructionist Argument:

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  • The Constitution does NOT mention anything about a National Bank.
  • Therefore, the bank is unconstitutional.

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C. Liberal Constructionist Argument:

  • Congress gets money through lots of its expressed powers:
    • taxing
    • borrowing
    • commerce
    • currency
    • It is “Necessary and Proper” for the govt to have a bank to keep all of its $$ safe.

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D. Decision of the Supreme Court -- Significance of the Outcome:

  • John Marshall (and a unanimous Court) said the bank was indeed constitutional.
  • This set the precedent that implied powers DO exist.

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