McCulloch v. Maryland


McCulloch v. Maryland
(1819) Decision of the Supreme Court of the United States that affirmed the constitutional doctrine of Congress's implied powers.

The case concerned the legitimacy of the authority of a newly created national bank to control the issuance of currency by the states, including Maryland. The unanimous opinion, written by John Marshall, established that Congress possesses not only the powers expressly conferred on it by the Constitution but also the authority appropriate to the utilization of such powers, in this case the creation of such a bank. This doctrine, drawn from the "elastic clause" of Article 1, became a significant factor in the steady growth of federal powers. It also bolstered the power of judicial review established in Marbury v. Madison (1803).

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▪ law case
      U.S. Supreme Court case decided in 1819, in which Chief Justice John Marshall affirmed the constitutional doctrine of Congress' “implied powers.” It determined that Congress had not only the powers expressly conferred upon it by the Constitution but also all authority “appropriate” to carry out such powers. In the specific case the court held that Congress had the power to incorporate a national bank, despite the Constitution's silence on both the creation of corporations and the chartering of banks. It was concluded that since a national bank would facilitate the accomplishment of purposes expressly confided to the federal government, such as the collection of taxes and the maintenance of armed forces, Congress had a choice of means to achieve these proper ends. The doctrine of implied powers became a powerful force in the steady growth of federal power.

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Universalium. 2010.

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