  The national bank case that established the "implied powers" of our federal government. (11 min) |
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| Teacher's Guide•McCulloch Vs. Maryland The powers of the federal government are defined according to our interpretation of the Constitution. The extent of these powers is now always spelled out and it is sometimes necessary to determine if certain powers may or may not be implied. In our history, the question of implied powers has long been the subject of dispute between those who support a strong federal government and those who believe in the sovereignty of the state. One groundbreaking dispute over this issue was the case known as McCulloch vs. Maryland—a case that began after the War of 1812, when the founding of a National Bank caused this heated national controversy to come to a head. Questions for Discussion, Review and Research 1. What is your understanding of “The Supremacy Clause” (Article 6, Section 2)? 2. Does the Tenth Amendment conflict with the “elastic clause” of Article 1, Section 8? 3. How did Justice Marshall’s opinion in the McCulloch case help to give truth to the term “elastic clause”? 4. Why does the states’ rights issue still create political, economic and social problems? 5. Does the Constitution get its authority from the states or from the people? Is there a difference? 6. What are some of the long-range effects of the federal supremacy over the states? 7. What are the meanings of the terms “loose construction” and strict construction” of the Constitution? How did they apply to the case of McCulloch vs. Maryland? How do they apply today? |
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