Landmark Supreme Court Case · Federalism and national power

McCulloch v. Maryland (1819)

Decided
1819
Vote
7–0
Opinion
Chief Justice John Marshall
Constitutional provisions

Facts of the case

Congress chartered the Second Bank of the United States in 1816. Maryland passed a tax on banks not chartered by the state, which in practice targeted the national bank's Baltimore branch. James McCulloch, the branch's cashier, refused to pay.

The constitutional question

Did Congress have the power to create a national bank, and could a state tax it?

The decision

Yes, Congress could create the bank, and no, Maryland could not tax it. The Constitution does not list a power to charter a bank, but the Necessary and Proper Clause gives Congress implied powers to carry out its enumerated powers (taxing, borrowing, regulating commerce, supporting armies). Under the Supremacy Clause, states may not interfere with legitimate federal operations.

The Court's reasoning

"Necessary" means useful or appropriate, not absolutely indispensable. Marshall wrote: "Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional." A state tax on the bank could destroy it, defeating federal supremacy.

Why it matters

It greatly expanded federal power through implied powers and confirmed national supremacy over the states. It remains the foundation for broad readings of congressional power.

In the Court's words

the power to tax involves the power to destroy

Chief Justice John Marshall, majority opinion