Case background and primary source documents concerning the Supreme Court case of McCulloch v. Maryland. Dealing with the Constitution's Necessary and Proper Clause, this lesson asks students to asses to what extent the Necessary and Proper Clause grants a new power to Congress and what is the meaning of "proper" in this context.

McCulloch v. Maryland was the 1819 Supreme Court case dealing mostly with the issue of Federalism. The creation of a National Bank was encouraged by Alexander Hamilton, but opposed by Thomas Jefferson, due to lack of authority given by the Constitution. A National Bank was chartered, but then died 20 years later. In 1816, a National Bank was re-instated to help deal with debts from the War of 1812. This Second National Bank, established in Maryland, was taxed heavily by Thomas Jefferson and the State of Maryland. Federal Bank Cashier, James McCulloch, refused to pay the tax, stating that the state did not have the right to tax an institution of the Federal Government. Ultimately, the Supreme Court stated that Congress had the right to create the National Bank, under the Necessary and Proper Clause. Also, the State of Maryland did not have the right to tax the National Bank and the Federal Government under the Supremacy Clause.

McCulloch v. Maryland (1819) is one of the first and most important Supreme Court cases on federal power. In this case, the Supreme Court held that Congress has implied powers derived from those listed in Article I, Section 8. The “Necessary and Proper” Clause gave Congress the power to establish a national bank. On this page you will find two different tools for teaching McCulloch v. Maryland (1819). There is a short eLesson activity featuring the case, as well as a more robust document-based question (DBQ) unit.