Download What Are the Limits on the Implied Powers of Congress?

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CHAPTER
11
S
3
LANDMARK DECISIONS OF THE SUPREME COURT
McCulloch v. Maryland, 1819
3, 4
ECTION
What Are the Limits on the Implied Powers of Congress?
SNAPSHOT OF THE TIME
In the early 1800s, Americans were sharply divided about how much power the Federal
Government should have. Many people—known as “strict constructionists”— favored
States’ rights and believed the Federal Government should have only the powers
specifically listed in the Constitution. By contrast, “liberal constructionists” favored a
stronger National Government and believed the Constitution could be interpreted to
give the Federal Government powers not specifically listed there.
States’ rights advocates had strongly opposed Congress’s establishment of the first
Bank of the United States in 1791, arguing that Congress lacked the constitutional
authority to charter a national bank. When Congress established the Second Bank of
the United States in 1816, many States were outraged. They believed that the Federal
Government was growing too powerful.
In an attempt to keep its State-chartered banks competitive, Maryland taxed the notes
issued by the Second Bank of the United States. James McCulloch, who worked at the
Baltimore branch, refused to pay the tax. The State of Maryland took McCulloch to
court, claiming that Maryland had the power to tax any business in its State.
CONSTITUTIONAL ISSUES
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?
Frank and Ernest ©2005 Thaves. Used with the permission of the Thaves and the Cartoonist Group. All rights reserved.
Analyze Political Cartoons How does the cartoonist illustrate the concept of strict construction?
DECISION AND RATIONALE
The Court ruled unanimously that Congress had the power to charter the Bank and
that Maryland had no right to impose the tax. Writing for the Court, Chief Justice John
Marshall held that the Constitution was written broadly in order to be “adapted to the
various crises of human affairs.” The Framers could not possibly list all of the Federal
Government’s powers in the Constitution. Instead, they used the Necessary and Proper
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LANDMARK DECISIONS OF THE SUPREME COURT (continued)
McCulloch v. Maryland, 1819
3, 4
Clause of the Constitution (Article I, Section 8, Clause 18) to give Congress the power to
pass laws required to implement its expressed powers. Because Congress chartered the
Bank to fulfill its expressed powers to tax, borrow, and regulate interstate commerce,
the Bank was constitutional.
Marshall also ruled that the Maryland tax violated the Constitution’s Supremacy Clause
(Article VI), which provides that federal law takes precedence over State law. As Marshall
put it, “the Government of the Union, though limited in its powers, is supreme within its
sphere of action . . . and its laws, when made in pursuance of the Constitution, form the
supreme law of the land . . . ” Marshall further argued that the nation’s political authority
lies with the people of the United States, not with the individual States: “The Government
of the Union . . . is, emphatically and truly, a Government of the people. . . . Its powers are
granted by them, and are to be exercised directly on them, and for their benefit.”
L ASTING 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.
Extra! Extra!
The debate over strict and liberal construction of the Constitution has continued
into the 21st century. President George W. Bush was elected, in part, because
of his pledge to appoint strict constructionist judges to the federal courts. In
the 2008 presidential campaign, John McCain made the same promise.
Critical Thinking
Answer the following questions on a separate sheet of paper.
1. Why would States feel threatened by a
national bank?
3. Research the topic of strict versus
liberal construction in contemporary
America. Which political parties are
most associated with strict construction?
2. Does Article I, Section 8, Clause 18 of
the Constitution give unlimited power
to Congress to make laws? Support
your answer with evidence.
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