• McCulloch v. Maryland Summary | quimbee.com
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    McCulloch v. Maryland Summary | quimbee.com

    – [Narrator] McCulloch versus Maryland may appear to be an old esoteric case about bank charters and taxes. But it’s really about a power struggle of constitutional proportions between the States and the Federal Government. The consequences of that struggle continue to reverberate today. In 1816, Congress passed an act that created the Bank of the United States. A year later, the bank opened a branch in Maryland. To take a shot at the new, all-powerful federal government, Maryland passed an act in 1818 that imposed a $15,000 annual tax on all out-of-state banks operating in the State. The act appeared neutral on the service, but it practically targeted the…

  • Jefferson vs Hamilton on Necessary and Proper
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    Jefferson vs Hamilton on Necessary and Proper

    The necessary and proper clause was never intended to expand federal power. At all. The way most people treat the Constitution’s necessary and proper clause today, we could just as well call it the “whatever is convenient and possible” clause. But it was never intended to expand federal power one iota. In fact, in Federalist #33, Alexander Hamilton said the operation of the government “would be precisely the same” if the clause never existed. But Hamilton famously flip-flopped a few years later when he used necessary and proper to justify his national bank. Thomas Jefferson vehemently opposed Hamilton’s bait-and-switch saying that the Constitution only allows the means which are “necessary,”…