1. McCulloch vs Maryland

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

3. 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

4. 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

5. 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

6. 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