The Supreme Court established the principle of implied powers (also called unenumerated powers) by applying the Necessary and Proper Clause (Article I, Section 8, Clause 18), which allows Congress to take make appropriate laws to support legitimate federal interests:
"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
In the opinion of the Court, Marshall concluded that Congress had the right to establish a national bank as an implied power under the Necessary and Proper Clause because the bank was being used to further Congress' constitutional authority to tax and distribute funds. Unlike the Articles of Confederation, which preceded the US Constitution, the Constitution does not prohibit the exercise of implied powers necessary to assist in carrying out constitutional mandates.
Case Citation:
McCulloch v. Maryland, 17 US 316 (1819)
McCulloch v. Maryland, 17 US 316 (1819)
McCulloch used the implied powers of Congress to hold constitutional creation of a national bank and to prevent the State of Maryland (all states) from taxing it.
For more information, see Related Questions, below.
How did the Supreme Court’s ruling in McCulloch v. Maryland strengthen the federal government ?The court case known as McCulloch v. Maryland of March 6, 1819, was a seminal Supreme Court Case that affirmed the right of implied powers, that there were powers that the federal government had that were not specifically mentioned in the Constitution, but were implied by it.
How did the Supreme Court’s ruling in McCulloch v. Maryland strengthen the federal government ?The court case known as McCulloch v. Maryland of March 6, 1819, was a seminal Supreme Court Case that affirmed the right of implied powers, that there were powers that the federal government had that were not specifically mentioned in the Constitution, but were implied by it.
How did the Supreme Court’s ruling in McCulloch v. Maryland strengthen the federal government ?The court case known as McCulloch v. Maryland of March 6, 1819, was a seminal Supreme Court Case that affirmed the right of implied powers, that there were powers that the federal government had that were not specifically mentioned in the Constitution, but were implied by it.
McCulloch v Maryland; implied powers
McCulloch v Maryland .
Mcculloch v. Mariland 1819
The federal government gained powers not explicitly mentioned in the constitution
Congress. Marshall's decisions set a precedent allowing the Legislative Branch to exercise "implied powers," in addition to the expressed powers listed in Article I of the Constitution.
The Court ruled that the federal government had implied powers under the "elastic clause" in the Constitution. -Gnapinski88
the U.S. Supreme Court
McCulloch vs Maryland was the court case that upheld the use of implied powers by Congress in any way they saw needed.
The implied powers doctrine upheld Mcculloh vs Maryland and gives Congress the power to do anything reasonably related to carrying out the expressed powers.