McCulloch v. Maryland Case Summary

Aug 28, 2025

Overview

This lecture covers the Supreme Court case McCulloch v. Maryland (1819), which clarified the balance of power between federal and state governments and established the constitutionality of a national bank.

Background and Facts

  • In 1816, Congress created the Second National Bank to control unregulated currency from state banks.
  • Maryland imposed a tax on the federal bank, challenging Congress's authority.
  • James W. McCulloch, a cashier at the federal bank in Baltimore, refused to pay the tax.
  • Maryland sued McCulloch to collect the tax, raising constitutional questions.

Legal Issues and Questions

  • The case asked if Congress had the constitutional power to create a national bank.
  • It questioned whether a state could tax or ban a federally created bank.
  • The broader issue was the division of federal and state sovereignty.

Supreme Court Decision and Reasoning

  • Chief Justice Marshall stated Congress could create a bank as an implied power under the Necessary and Proper (Elastic) Clause.
  • The Constitution does not need to list every power or means that Congress can use.
  • Federal laws made under the Constitution are supreme over state laws.
  • States cannot tax or impede constitutional federal operations, as "the power to tax involves the power to destroy."
  • The Court unanimously held Maryland's tax unconstitutional.

Impact and Principles Established

  • Upheld the doctrine of implied powers, allowing Congress flexibility beyond explicitly listed powers.
  • Reinforced federal supremacy over the states on constitutional matters.
  • Limited state's ability to interfere with or tax federal institutions.
  • Clarified that the federal government derives authority from the people, not just the states.

Key Terms & Definitions

  • Implied Powers — Powers not explicitly listed in the Constitution but necessary to execute enumerated powers.
  • Elastic Clause / Necessary and Proper Clause — Article I, Section 8, giving Congress power to make laws needed to execute its powers.
  • Supremacy Clause — Establishes federal law as the highest law, overriding conflicting state laws.
  • Sovereignty — Supreme power or authority, debated between state and federal government in this case.

Action Items / Next Steps

  • Review the text of Article I, Section 8 (Necessary and Proper Clause) and Article VI (Supremacy Clause) of the Constitution.
  • Be prepared to explain the significance of McCulloch v. Maryland for federal-state relations.