HY 1110-08F-2, AMERICAN HISTORY I (HY1110-08F-2) Essay - 2

HY 1110-08F-2, AMERICAN HISTORY I (HY1110-08F-2) - Essay Example If the federal government was only going to do things specifically outlined by the Constitution, then it would be a very week governing body. 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 Mculloch 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" didnt 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 FDRs New Deal legislation and in making the transporting of certain items across state boundaries a federal