1. Explain what it means to appropriate funds.
2. What is the Necessary and Proper Clause commonly called? How
did it get that name?
3. What is the doctrine of implied powers?
4.a. Write a one-sentence summary of the central dispute in the
McCulloch v. Maryland
b. Summarize the outcome of the case
c. Explain the long-term consequences of the decision.
5. Restate the first quotation from the McCulloch v. Maryland decision
on page 307 in your own words.
6. If the strict constructionists had won their battle to limit Congress's
implied powers, how might our government be different today?
•How does the Necessary and Proper Clause give Congress flexibility in lawmaking?
•What key developments have occurred in the battle over the implied powers of Congress?
The Necessary and Proper Clause
The Necessary and Proper Clause gives to Congress 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 I, Section 8, Clause 18
The Battle Over Implied Powers
•The formation of the Bank of the United States spawned controversy between strict and liberal constructionists.
•In McCulloch v. Maryland, 1819, the formation of the Second Bank of the United States was challenged by strict constructionists.
•Chief Justice John Marshall ruled in favor of the Second Bank, giving sweeping approval to the concept of implied powers.
VIDEO: https://www.youtube.com/watch?v=xzTlpDw-nvg
In Class Video on McCulloch V. Maryland:
www.youtube.com/watch?v=TYxtCTIQNb4
Review Questions:
In McCulloch v. Maryland, the Supreme Court
a. ruled the doctrine of implied powers to be unconstitutional.
b. upheld the doctrine of implied powers.
c. upheld the right of the State of Maryland to tax a federal agency.
d. ruled the creation of a bank by Congress to be unconstitutional.
Why did the Framers include the Necessary and Proper Clause in the Constitution?
a. to empower Congress to pass laws needed to carry out the expressed powers
b. to limit congressional powers to those expressly stated in the Constitution
c. to define the scope of the inherent powers of Congress
d. to set forth those powers considered necessary to the States
Answers: B / A