Question

How does the court adress federalisim in the McCulloch v. Maryland case ?

Answer 1

In McCulloch the state of Maryland levied a tax on the national bank that was created by Congress. [ The Court with Chief Justice John Marshall writing the opinion relied on the necessary and proper clause or the elastic clause of Article I Section 8 of the Constitution. Marshall said that Congress had the implied power to create a national bank through the necessary and proper clause and said the Constitution was not a document where all the powers had to be listed or enumerated. He essentially found the right in Congress' power to coin money and regulate it. The Constitution would otherwise be hard and confusing to interpret. The Court also struck down the tax the legislature of Maryland passed against the national bank because the state would be unfairly taking money from all of the people in the whole nation since it was a Federal bank, which would have constituted taxation without representation since other people in other states were not represented in the Maryland legislature.