McCulloch v Maryland: Implied Powers
Article I, Section 8 of the Constitution lists Congress's enumerated powers—specific things Congress can do, like collect taxes, regulate commerce, coin money, and raise armies. Creating a bank is not on that list. Maryland argued that the Tenth Amendment reserves all powers not delegated to Congress to the states, so Congress cannot create a bank. The bank's defenders (including Daniel Webster, who argued the case) pointed to the Necessary and Proper Clause at the end of Article I, Section 8, which says Congress can "make all Laws which shall be necessary and proper for carrying into Execution" its enumerated powers. The question became: Does "necessary" mean absolutely essential, or does it mean convenient and useful?
McCulloch v Maryland: Implied Powers
Article I, Section 8 of the Constitution lists Congress's enumerated powers—specific things Congress can do, like collect taxes, regulate commerce, coin money, and raise armies. Creating a bank is not on that list. Maryland argued that the Tenth Amendment reserves all powers not delegated to Congress to the states, so Congress cannot create a bank. The bank's defenders (including Daniel Webster, who argued the case) pointed to the Necessary and Proper Clause at the end of Article I, Section 8, which says Congress can "make all Laws which shall be necessary and proper for carrying into Execution" its enumerated powers. The question became: Does "necessary" mean absolutely essential, or does it mean convenient and useful?
McCulloch v Maryland: Implied Powers
Article I, Section 8 of the Constitution lists Congress's enumerated powers—specific things Congress can do, like collect taxes, regulate commerce, coin money, and raise armies. Creating a bank is not on that list. Maryland argued that the Tenth Amendment reserves all powers not delegated to Congress to the states, so Congress cannot create a bank. The bank's defenders (including Daniel Webster, who argued the case) pointed to the Necessary and Proper Clause at the end of Article I, Section 8, which says Congress can "make all Laws which shall be necessary and proper for carrying into Execution" its enumerated powers. The question became: Does "necessary" mean absolutely essential, or does it mean convenient and useful?