The Necessary and Proper clause gave congress to make all the laws that should be necessary and proper to carry into execution. (Article 1, Section 8, Clause 18). The Necessary and Proper Clause was also called the elastic clause that gave powers to Congress that were implied in the Constitution. Necessary means required or essential to. Necessary required congress to execute the powers that were granted in the constitution. John Marshall the Chief Justice wrote his opinion to the court stated that the constitution gave congress all the power to make all the laws. In Marbury v. Madison in 1803, Marshall overturned an act of congress for the first time that conflicted with the constitution. It was a daring step for a politically vulnerable court and Marshall crafted the opinion in such a way that Thomas Jefferson could not reject it. John Marshall had strong views that made him dominate the court from 1801 to 1835 and personally responsible for evaluating it in person of real authority. Marshall, also shared his power with other follow Justices that often curved his opinions in order to arrive at consensus decisions. Marshall established a model that all future Chief Justices would be measured to. The United States Supreme Court used the Necessary and Proper Clause in the McCulloch v. Maryland case. McCulloch v. Maryland case debated that if congress have the power to charter a bank. In 1791, the first charted bank; the First Bank of the United States was created, but the
McCulloch vs. Maryland (1819), the constitutional questions asked were: Did congress have the right to establish a bank? Did the Maryland law unconstitutionally with the congressional powers? In 1816, congress chartered The Second National Bank of the United States. In 1818, Maryland passed legislation to tax the bank and cashier of the Baltimore branch bank James MucCulloch refused to pay the tax. This court case took place in the Marshall court, under federalist, Chief Justice John Marshall who ruled this case in favor of MucCulloch. The court’s decision was unanimous in favor of MucCulloch and, the courts held that Congress had the power to establish a bank but Maryland could not tax the bank and that the power to tax is the power to destroy.
The first question raised was about whether or not the Congress had the power to create the bank. The answer was yes, because Congress had the power under the Constitution to incorporate a bank under the Article I Section 8 with the Necessary and Proper Clause which in other words means constitutional. Hence, the bank was constitutional. Second question that was raised during the decision-making was about whether or not the State of Maryland had the power of taxing the bank. The bank is a federal institution created by the Federal Government. According to John Marshall, sovereignty is separated between federal and state governments, but when the state is trying to gain control over the national power the state is trying to take over the supreme sovereignty; under any circumstances the national sovereignty should be supreme. Federal Government represents the people of the United States as a whole; meanwhile the state represents only the people of the state. Marshall also noted that the Government of the Union, though limited in its powers, is supreme within its sphere of action, and its laws, when made in pursuance of the Constitution, form the supreme law of the land. Marshall’s words were: “ The power of establishing a corporation is not a distinct sovereign power or end of government, but only the means of
During 1816 Congress chartered The Second Bank of the United States. Two year later in 1818, the state of Maryland passed legislation to impose taxes on the bank. The cashier of the Baltimore branch of the bank, James W. McCulloch, refused to pay the tax. An unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Chief Justice Marshall noted that Congress possessed unremunerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme.. they control the constitution
In the supreme court decision that was made with the McCulloch v. Maryland (1819), the second bank of the United States, Maryland had placed a prohibitive tax on the bank notes. In a branch of the second bank Maryland attempted to impede the operation. This case McCulloch v. Maryland had established two important principles in Constitutional law. The first important thing that it applied was the constitution implied powers for implementing the constitution's express powers, in order to create a functional national government. The second important reason was to state action may not impede valid constitutional exercises of power by the federal government. James William McCulloch refused to pay the tax and was appealed to Maryland court because of this and this had begun the trial.
Maryland case in 1819. John Marshall led the case and it was against James McCulloch a clerk who failed to attach his state revenue stamps to his banknotes. Marshall stated the “necessary and proper” clause to sanction the powers of the federal government. Marshall proved that the federal government has power over the states therefore strengthening the government and economy. Marshall also declared that a state taxing the federal bank is unconstitutional, in turn saving the national bank and the economy. The Gibbons vs. Oden case in 1824 helped establish national supremacy in regulatory interstate commerce therefore improving the nations
Marbury was one of Adams midnight appointment. Madison decided not to give it to him so Marbury appealed to court. Marshall ruled that Marbury had right to his commission but the court couldn’t force Madison to deliver it. Ruled that Judiciary act of 1789 was unconstitutional.
If Marshall’s actions were iconic, then after the Marbury v. Madison case, he would have been credited with the creation of judicial review. In reality, Marshall’s decision of allowing the courts to review the decisions of the legislative and executive branches was seen “as only a step in the continuous clarification of the theory of judicial function”(Clinton 117). So this supposed creator of a pivotal Judicial component was only seen as a stepping stone. Through the remainder of Marshall’s career as Chief Justice, no one revisited his thoughts on the Marbury v. Madison case, until his successor, Roger Taney, did in Dred Scott v. Sanford. Roger Taney seemed to have the same viewpoints as Marshall, always trying to keep the checks and balances intact and equal. He kept this dedication through the Dred Scott v. Sandford case, using judicial review to rule the Missouri Compromise of 1820 unconstitutional. Strangely, “Marbury’s importance as a precedent for judicial review of legislation was never mentioned by the Court”(Clinton 119). If Marbury v. Madison was such a pivotal case, then it would
The Necessary and Proper clause goes by many names and known for causing many disputes throughout the United States in the late 18th and early 19th centuries. What the clause states is that "The Congress shall have 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" (Document A). This means that the United States Congress possesses the abilities to create any and all laws that are essential for the Congress's power to be demonstrated. This goes for other powers stated in the constitution. However, some individuals find flaws in this clause,
Marshall complained that the Constitution is the “supreme law of the land” and that the Supreme Court ultimately has the final say so when it comes to evaluating the meaning of the Constitution. Marshall states, “ lt is emphatically the province and duty of the judicial department to say what the law is.” To present Marshall’s initial plea at hand, Marshall argues that the Judiciary Act of 1789 was unconstitutional. In Marshall 's perspective, Congress could not present the Supreme Court with the power to issue an order granting Marbury his commission. Only the Constitution could do so, and the document said nothing about the Supreme Court having the power to issue such an order. Thus, the Supreme Court could not force Jefferson and Madison to appoint Marbury, because it did not have the power to do so.
In the year 1803 the case of Marbury v. Madison was brought before the Supreme Court in order to address the issue of William Marbury’s appointment as federal circuit judge. This created a unique and complex challenge for the Supreme Court of the time because they were operating under no legal precedent, which meant that they had no prior cases to reference to reach a ruling. The issue came to a head after the Judiciary Act of 1801 allowed for President John Adams to appoint sixteen new circuit judges one of them being William Marbury. However, before Secretary of State Marshall ran out of time before he was able to deliver Marbury’s appointment. When the new Secretary of State James Madison entered office, he refused to deliver Marbury’s appointment, claiming that it was too late. Outraged, Marbury filed a writ of mandamus against Madison in order to force him to complete the specified action, which in this case was to deliver the commission. However, through complex political maneuvering the Judiciary Act of 1802, was enacted which repealed the Judiciary Act of 1801 reestablishing the Judiciary Act of 1789 and postponing the case until 1803. One of the key issues in the case was then if William Marbury was entitled to a remedy for the deprivation of his right to his commission. Chief Justice John Marshall with a narrow and technical ruling then determined that since President Adams with his signature had completed Marbury’s commission of appointment he was entitled to the
In Marbury v. Madison, he led the Court in striking down an act of Congress that was in conflict with the Constitution, legitimizing the doctrine of judicial review. Over the course of his thirty-four year term, Marshall oversaw numerous landmark cases, his decisions in which played an undeniably critical role in the early development of American law. Thanks to his firm hand and consistent principles, he was able to secure the institutional power of the Supreme Court in the face of staunch Jeffersonian opposition—affirming its place as an equal among the Executive and Legislative branches of government.
The establishment of one of the most influential powers of the Supreme Court--the power of judicial review-- and the development of the judicial branch can be attributed to Marshall’s insightful interpretation of the Constitution ("The Marshall Court”).
The Supreme Court, under John Marshall, defined itself with its historic 1803 decision in the case of Marbury v. Madison. In this single landmark case, the Supreme Court established its power to interpret the U.S. Constitution and to determine the constitutionality of laws passed by congress and the state legislatures. John Marshall went on to serve as Chief Justice for a record 34 years, along with several Associate Justices who served for well over 20 years. During his time on the bench, Marshall succeeded in molding the federal judicial system into what many, as I do, consider to be today's most powerful branch of government.
The overall influence of the Supreme Court under John Marshall can be understood through the five main court cases over which he presided; Marbury v. Madison (1803), Fletcher v. Peck (1810), Dartmouth College v. Woodward (1819), McCulloch v. Maryland (1819), and Gibbons v. Ogden (1824). The first significant case Marshall was faced with was Marbury v. Madison in 1803. In the last few days of his presidency, John Adams appointed members of the Federalist Party to the new offices he created within the judicial branch. When Thomas Jefferson took office he told James Madison, his secretary of state, not to deliver the unsent commissions to some of the “midnight appointments”, one of who was William Marbury. He appealed to the Supreme Court, asking for a court order that would require Madison to send out the commission, which was part of his job. The Judiciary Act of 1789 supported Marbury’s demands because it authorized the Supreme Court to order
However, the state of Maryland tried to block the activity of the national bank by imposing tax to all the notes that were issued. The branch manager of the bank in Baltimore refused to pay taxes and lawsuits were filed in the Maryland Court. However, the case was brought up to the U.S Supreme Court as the Constitution did not subjectively describe that Federal Government had the authority to establish a bank. The U.S Supreme Court led by Chief Justice John Marshall ruled out the case that acknowledges that the Congress has the rights to establish a national bank under Article 1 Section 8 in the American Constitution. This shows that the US Constitution was vaguely described and gave the Congress an insight to pass laws as long as it is within the Constitution. However, this gave the Federal Government to create the mentality to indirectly gain more power which restricts the States sovereignty.