1. COS Standard 5
Explain key cases that helped shape the US Supreme Court, including Marbury versus Madison, McCulloch versus Maryland, and Cherokee Nation versus Georgia.

2. McCulloch versus Maryland-1819……Background
The United States has a federal bank known as the Bank of the United States
Maryland voted to tax all bank business done with banks in other states
This was meant to be a tax on people who lived in Maryland but who did business with banks in other states
Maryland also wants to tax the federal bank
Andrew McCulloch- Head of the Baltimore branch of the Bank of the United States
Refuses to pay the tax
The state of Maryland sued, and the Supreme Court accepted the case

3. McCulloch versus Maryland-1819
John James files the lawsuit.
Maryland argues that the Constitution does not give the power to make a bank because it is not within its enumerated powers (powers specifically mentioned in the constitution).
The Maryland court sides with the state because they say that Article 1 Section 8 (Congress-delegated powers) of the Constitution does not specifically grant the power to make a federal bank
It is appealed to the Supreme Court.

4. McCulloch versus Maryland
Marshall noted the Constitution gave the federal government the power to collect taxes, borrow money, regulate commerce and raise armies/navies. The national bank would help the federal government exercise these powers.
Marshall held the idea that necessary and proper meant the government could use any method that was convenient for carrying out its powers as long as that method was not expressly forbidden.

5. McCulloch versus Maryland
John Marshall argues the bank is constitutional even though it was not specifically mentioned in the Constitution (implied powers).
The Bank already exists so let it stay
States do not have Ultimate Sovereignty
Elastic Clause- Necessary and Proper Clause-Article 1 Section 8, Clause 18
Congress can use this clause to execute Delegated powers
As long as it is not prohibited, then the laws can be expanded by congress if they have good reason

6. McCulloch versus Maryland
Furthermore, the federal government was “supreme in its own sphere of action”, meaning a state could not interfere with a federal agency that was exercising it specific constitutional powers within a state’s borders.
Taxing the Second Bank of the US is interfering and unconstitutional.
This ruling gives to the idea of loose construction of the Constitution as opposed to strict construction