Homework Help

How did Chief Justice Marshall resolve each of the two issues in McCulloch v. Maryland?

user profile pic

kisstopher603 | (Level 1) Valedictorian

Posted November 10, 2012 at 1:34 AM via web

dislike 1 like

How did Chief Justice Marshall resolve each of the two issues in McCulloch v. Maryland?

1 Answer | Add Yours

user profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted November 10, 2012 at 1:49 AM (Answer #1)

dislike 1 like

Chief Justice Marshall resolved both of the issues in this case in favor of the federal government.

With respect to the issue of constitutionality, Marshall appealed to the “elastic clause” in the Constitution.  That clause said that Congress could do anything that was “necessary and proper” for carrying out the powers that are explicitly given to it in the Constitution.  Therefore, the Constitution implied that Congress could create a bank.

With respect to the issue of federalism, Marshall upheld national supremacy.  He said that a state could essentially destroy a part of the federal government (like the bank) by taxing it.  This would allow states to be supreme over the federal government.  Therefore, states could not tax activities of the federal government.

Join to answer this question

Join a community of thousands of dedicated teachers and students.

Join eNotes