|
The Documents
Article I, Section 8
The Congress shall have the Power . . . 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.
Article VI, Clause 2
The Constitution, and the Laws of the United States which shall be made in
pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any state to the Contrary notwithstanding.
The Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States, respectively, or to the people.
<<
back to question
Summary of the Arguments
For McCulloch: Daniel Webster argued that although the power to charter a
national bank is not specifically stated in the Constitution, it is one of the implied
powers that the "necessary and proper" clause grants Congress. According to
Webster, the bank was a "necessary and proper" way for Congress to conduct
the financial affairs of the country. On the issue of whether or not Maryland could
tax the bank, Webster argued that if Maryland were allowed to tax the bank, the
state could destroy the bank by taxing it out of existence.
For Maryland: Maryland's Attorney General, Luther Martin, represented the
state. He challenged Webster's assertion that the authority to establish a national
bank is an implied power, saying that because creating a bank was not
specifically stated in the Constitution, Congress did not have the authority to do
so. Rather, it is a power that is reserved for the states. He went on to argue that
because states are sovereign, they have the authority to tax institutions and
businesses within their borders.
<<
back to question
|
