Question

Culloch v. Maryland explain why the case is important to understanding the changing nature of American federalism.

Answer 1

You probably mean McCulloch v. Maryland, decided in 1819, the opinion of which was written by the famous Chief Justice John Marshall. The decision is important because it said the Constitution implicitly as well as explicitly grants some powers to Congress, through the "Necessary and Proper Clause," which is the bit of the Constitution that says "Congress shall have power to make all laws which shall be necessary and proper fo carrying into execution the foregoing powers."

In this case, the state of Maryland had passed a law which was specifically designed to interfere with the functioning of the Second Bank of the United States, which had been chartered by Congress in 1816. The bank was extremely controversial, and the General Assembly of Maryland, opposed to it, had passed a law taxing all banks in Maryland NOT chartered by Maryland itself. The only bank of that type was the 2nd BUS. The Baltimore branch head of the 2nd BUS, one James McCulloch, refused to pay the tax and the lawsuit was launched. The State of Maryland essentially argued that the 2nd BUS was unconstitutional because the Constitution did not specifically and explicitly grant Congress the power to establish a national bank.

The Supreme Court disagreed, arguing that the Constitution granted Congress the power to lay and collect taxes, regulate interstate commerce, et cetera, and that since the establishment of the 2nd BUS was a legitimate and reasonable method of addressing those constitutional aims, the power to establish it was implicitly granted by the Necessary and Proper Clause. In other words, if the goal of Congress' action is constitutional, and the methods it chooses are both reasonable and not otherwise constitutional, then they are implicity constitutional.

This necessarily expanded the power of the national government, since it was not necessary to find some explicit language in the Constitution granting Congress the power to do such and such. As long as Congress could argue that the ultimate aims of a law were Constitutional, they could argue the Necessary and Proper Clause, vice McCulloch v. Maryland, gave them the power to enact any reasonable methods.

Answer 2

thank you. man your a pro.