McCulloch v. Maryland


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McCulloch v. Maryland

An 1819 United States Supreme Court case holding that the federal government has the ability to pass laws for which the Constitution does not expressly provide, so long as they are used to further the powers that the Constitution gives to the federal government. Specifically, the Court ruled that Congress had the authority to charter the Second Bank of the United States even though the Constitution did not specify a power to charter banks. McCulloch v. Maryland was one of the most important early cases establishing federal supremacy over the states in matters even tangentially related to the powers that the Constitution gives Congress.
References in periodicals archive ?
90) The Court justified this result on "[t]he reasoning of Secretary Hamilton and of this court in McCulloch v.
The text of Section 5 arises directly from the Enforcement Clause of the Thirteenth Amendment(75) The debates over the Thirteenth Amendment do not explain why Congress chose the phrase "appropriate" instead of "necessary and proper," but the word was clearly chosen with the Supreme Court's opinion in McCulloch v.
That answer, as this Note has suggested, lies in the contemporary understanding of "appropriate" powers and requires a broader inquiry into the significance of McCulloch v.
C shows how the Reconstruction Court's interpretation of the amendment likewise continued the tradition of judicial deference that began with McCulloch v.