Question

What was the effect of the Supreme Court case McCulloch v. Maryland?
It helped local governments use direct democracy.
It denied states the right to control local governments.
It supported the strength of local governments over states.
It legitimized the power of the national government over states.
It showed how the national government’s power needs to be checked.

Answer 1

Speaking for a unanimous (7-0) Court, Chief Justice Marshall rejected the Maryland argument. The decision centered on Maryland's claim that because the Constitution was ratified by State conventions, the States were sovereign. Marshall refuted this claim, saying that the Constitution was the instrument of the people, not the States. Therefore, the Court asserted the supremacy of the Federal Constitution over the States. The Court also emphasized the importance of national supremacy. Marshall stated that “…the Government of the Union, though limited in its powers, is supreme within its sphere of action….”

The Court also rejected Maryland's argument that the Constitution did not explicitly allow for a national bank. Marshall's argument rested on this simple point: “…we must never forget that it is a constitution we are expounding.” In other words, the Constitution was meant to be an outline of basic ideas, easily understood by the general public, and open to interpretation. Marshall went on to argue that while the powers of government are limited, the “necessary and proper” clause was meant to enlarge the ability of Congress to carry out its enumerated powers. He 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…”

Turning to Maryland's action in imposing the tax, he observed that “…the power to tax involves the power to destroy…,” and on that basis, the Court ruled that Maryland did not have the power to destroy a duly constituted institution of the Federal Government.

Answer 2

What he said