McCulloch vs Maryland

Lesson Frame We will- Contrast the expressed and implied powers of Congress I will- Determine what power is held exclusively by the Senate

Found in the Constitution 3 types Legislative Power Found in the Constitution 3 types Enumerated- written in the Constitution (Article I) Implied- follow through of Enumerated powers Elastic Clause- from Article 1, “necessary and proper” to completing legislative goals Inherent- power to make laws because it is part of government

Enumerated vs Implied Powers Enumerated (Expressed) What should the Gov’t do? Raise an Army Coin money and punish counterfeiters How should they do it? Institute a draft to recruit soldiers Make Federal Reserve Bank

National Bank competes with Maryland’s state and local banks Mcculloch vs. Maryland 1819 National Bank competes with Maryland’s state and local banks Unfair government competition against state and private banks State of Maryland taxes national bank to make it fair McCulloch sues

After McCulloch, Supreme court rules in favor of Congress Mcculloch Aftermath After McCulloch, Supreme court rules in favor of Congress Federal bank is “necessary and proper” to coin money Reinforces Supremacy Clause from Article I- Federal law is SUPREME, over state and local law Sovereignty (power) is tested- Federal government wins