McCulloch v. Maryland
1819 - Implied Powers & Federal Supremacy
Constitutional Clause
Necessary & Proper Clause (Elastic Clause) / Supremacy Clause
Upholds Congress's implied powers and establishes that valid federal law supersedes conflicting state law
Memory Tricks
The Big Mnemonic
"McCulloch means Congress can choose the tools: if the end is constitutional, the means may be necessary and proper."
Remember the Name
"McCulloch vs. Maryland - Money Can't be Marked up" — Maryland tried to tax (mark up) the federal bank, but the Court said states can't destroy federal money.
Remember the Clause
"Elastic = stretchy" — The Necessary and Proper Clause stretches Congress's powers to cover tools not listed in the Constitution.
Remember the Outcome
"The power to tax is the power to destroy" — Marshall's phrase explains why states can't tax federal institutions they disagree with.
Constitutional Connection
This case is a clear example of federalism in action — what is necessary for the federal government to operate, and the federal supremacy of the Constitution when conflicts with states occur. It directly addresses how far Congress's powers extend beyond what is explicitly listed, and who wins when federal and state authority clash.
Facts of the Case
In 1816, Congress chartered the Second Bank of the United States. The bank was controversial — many states resented a powerful federal financial institution operating within their borders.
In 1818, Maryland passed a tax on the bank. James W. McCulloch, cashier of the Baltimore branch, refused to pay it. Maryland argued the bank was unconstitutional in the first place, because the Constitution did not explicitly grant Congress the power to create a bank.
The case presented two core questions: Could Congress create a bank at all? And even if it could, did Maryland have the right to tax a federal institution operating within its borders?
Holding / Decision
Unanimous Decision: 6–0
The Marshall Court ruled unanimously that Congress could create the bank using the Necessary and Proper Clause (also called the Elastic Clause). Although the Constitution does not specifically list the creation of banks, the action was constitutional as an implied power — a means reasonably related to carrying out legitimate constitutional ends.
Key Outcome
Maryland's tax was struck down as unconstitutional. Marshall wrote that "the power to tax is the power to destroy" — allowing states to tax federal institutions would give them the ability to undermine or eliminate legitimate federal operations. States may not destroy or interfere with lawful federal action.
Key Principle
Congress may use implied powers when pursuing legitimate constitutional ends, and federal law is supreme over conflicting state action.
Paired Case
Gonzalez v. Raich, 2005
California legalized medical marijuana in 1996, conflicting with federal drug law. The Supreme Court sided with Congress and held that federal interstate commerce powers may apply even to intrastate actions — when those local actions affect national markets and interstate commerce, Congress has the authority to regulate them. Like McCulloch, this case affirmed broad federal power over state-level decisions.
Writing Practice
AP-Style FRQ Prompt
Explain how McCulloch v. Maryland (1819) expanded federal power.
- Identify the constitutional clause at issue in this case.
- Describe the Court's reasoning for upholding Congress's power to create a bank.
- Compare this case to Gonzalez v. Raich — how did each case reinforce the scope of federal authority?
Tip: Define the Necessary and Proper Clause, explain the facts briefly, and connect both cases to the broader principle of federal supremacy under the Supremacy Clause.
Key Takeaways
- McCulloch is a major federalism case establishing the scope of congressional power
- The Necessary and Proper Clause supports implied powers beyond what is explicitly listed
- Congress may choose reasonable means to carry out legitimate constitutional ends
- States cannot tax or destroy legitimate federal institutions or actions
- The Supremacy Clause means valid federal law prevails over conflicting state action