The Necessary and Proper Clause - Essay Example

 At first, James Madison agreed with Hamilton. But later, he reversed his position and opposed the establishment of a central federal bank. The establishment of the Second Bank of The United States led to the court case McCulloch v. Maryland. The state of Maryland opposed the newly established Second Bank of The United States. They created a special tax that was placed on all out-of-state banks. The only out-of-state bank at the time was The Second Bank of the United States. Chief Justice John Marshall ruled against Maryland.

He viewed the special tax as an opposition to the establishment of another federal bank, which is what it actually was. He used the Necessary and Proper Clause to establish the fact that the federal government could establish this bank. Marshall even went to explain that "necessary" didn't mean "absolutely necessary" but proper and appropriate (Gressman 2001). He said that it was linked to the powers of the federal government to set and collect taxes. This clause greatly expands the scope of federal power.

Many laws that have been created by the federal government have been justified using this clause. The power to control commerce that the constitution gives the federal government and the Necessary and Proper Clause are often used in conjunction. This occurred during much of FDR's New Deal legislation and in making the transporting of certain items across state boundaries a federal offense.Work CitedBarnett, Randy E. The Original Meaning of the Necessary and Proper Clause. University of Pennsylvania Journal of Constitutional Law, Vol.

6, October 2003.Gressman, Eugene. Some Thoughts on the Necessary and Proper Clause. Seton Hall Law Review. Vol. 31. February 2001.