1. McCulloch v. Maryland
Chapter 11

2. Starter What are expressed powers in the Constitution? Examples.
What are implied powers in the Constitution?

3. Answers Expressed – explicit; stated in the Constitution.
Implied – powers not listed in the Constitution, but are needed to carryout its expressed powers.
Example of expressed: declare war, coin money, regulate foreign trade and interstate commerce

4. Objective
Students will be to understand the significance of the Court’s decision in McCulloch v. Maryland.
Recap: Last Thursday and Friday, we discussed Congress’ express powers over money and commerce as well as their war powers and other domestic powers. Today, we are continuing our discussion on Congressional powers by analyzing how the Court in McCulloch v. Maryland confirmed the existence of implied powers.

5. Intro to McCulloch v. Maryland
The decision in McCulloch v. Maryland is important b/c it established the meaning of the Necessary and Proper Clause – the Elastic Clause – of the Constitution.
The Court authorized a broad reading of the Constitution that has allowed Congress to pass law relating to issues not specifically mentioned in the Constitution. In other words, the ruling confirmed the existence of implied powers.

6. Pg. 310 0 311 Close reading of the summary of McCulloch v. Maryland.
Establish the Facts of the Case: During your reading, sequence (put in order) the 6 main events leading up to the Court’s decision.
Once you complete your sequence, compare your work with the person next to you.
Ask: what are the facts of the case?

7. Facts of the Case
1) Congress establishes the Second Bank of the United States;
2) A branch opens in Baltimore, Maryland;
3) Maryland levies a tax on the bank;
4) McCulloch, a national bank worker, refuses to pay and is convicted of a crime;
5) The case goes to the Maryland court, which rules in the Maryland’s favor; and
6) The case is appealed to the Supreme Court.

8. Issues of the Case
May the Federal Government pass laws not explicitly provided for in the Constitution’s list of expressed powers?
Did Congress have the authority to establish the Bank?
When Federal law and State law conflict, which takes precedence?
Did the Maryland law unconstitutionally interfere with congressional powers?

9. Arguments for Maryland
What are the arguments favoring Maryland?
Is this an Anti-federalist or Federalist argument? Explain.
Answer p. 311

10. Arguments for McCulloch
What are the arguments favoring McCulloch?

11. Holding
In one of the Court’s most important decisions, it unanimously held that Congress had the constitutional power to create the Bank.
The power to create a bank is not listed as one of the expressed powers. But Chief Justice John Marshall said that the Framers could not possibly list all of the federal government’s powers in the Constitution. Instead, they included the Necessary and Proper Clause of the Constitution (Article I, Section 8, Clause 18). This clause gives Congress the power to pass any laws required to carry out its expressed powers.
Congress created the Second Bank under its expressed powers to tax, borrow, and regulate interstate commerce. Therefore, the Bank was constitutional.

12. Holding
Marshall also ruled that the Maryland tax violated the Constitution’s Supremacy Clause (Article VI).
This clause says that federal law comes before state law. As Marshall put it, “the Government of the Union, though limited in its powers, is supreme and its laws form the supreme law of the land.”

13. Question 1
Congress created the Second Bank of the United States. This angered many who argued that the federal government had overstepped its powers. Question: Why were many people angry over the creation of the Second Bank of the United States?
Answer: They did not believe that the Constitution gave the federal government the power to create a national bank. The states felt threatened by the growing power of the federal government.

14. Question 2
The Supreme Court reversed the ruling of the Maryland court, saying that Congress has the power to create a bank. It also stated that the national bank cannot be taxed by a state because the powers of the federal government are supreme Question: Why would the Court’s decision influence the relationship b/w the federal and state governments in the future?
Answer: The decision influenced this relationship because it helped to define the powers of the federal government and the limits of state power.

15. Question 3
What do you think would happen if government could only legislate based on what is specifically in the Constitution.
Do you believe that the Federal Government should have powers beyond those explicitly stated in the Constitution? Explain.
Might be limited in how it could regulate new developments

16. Lasting Impact
McCulloch v. Maryland helped determine how powers would be divided between the Federal Government and the States.
The Court’s decision made it clear that the Constitution gives Congress powers beyond those explicitly listed. In other words, the Court confirmed the existence of the implied powers. In so doing, it set the stage for the expansion of the Federal Government.

17. Exit Ticket
Did the decision in McCulloch v. Maryland strengthen or weaken the federal system? Explain.
Answer: The decision strengthened the federal system by shifting significant power to the Federal Government.

18. Video
PBS Video

19. Extension
Begin reading Chapter 11, Section 3, on page 312.