McCulloch v. Maryland: The Debate About Enumerated Federal Powers [No. 86]

What does it mean for Congress to have all “necessary and proper” powers? Did the Founders agree on what this meant?
Professor Kurt Lash illustrates how this issue was manifested in McCulloch v. Maryland. Despite a decision during the Constitutional Convention to not charter a national bank, the first Congress did establish such an institution. The fight over a national bank ended up at the Supreme Court, where Chief Justice John Marshall wrote the opinion that confirmed Congress had this power under the “necessary and proper” clause. How much power “necessary and proper” grants to Congress is still a matter of debate today.
Professor Kurt T. Lash holds the E. Claiborne Robins Distinguished Chair in Law at the University of Richmond School of Law. He is the Founder and Director of the Richmond Program on the American Constitution.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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[@heritageresearchcenter8970]

All one has to do is look at the run amock government today and see who was right!

[@williamjenkins5438]

Since when is anything in a contract implied

[@williamjenkins5438]

Lysander Spooner has said of the constitution that it has either authorized the kind of government we’ve had or been powerless to prevent it…..
We The People created government and ordained and established for them a constitution which outlines their duties and responsibilities…..
That constitution created 3 branches of government….
Imagine the hubris one would need to possess to say that one of the branches of the government created by We The People have the authority to interpret what the document that created us means, and through expansive interpretation essentially reform the limited government created by it, to the ultimate authority in everything….
Does anyone truly believe that the Founders threw off the shackles of a monarchy only to replace it with something just as bad or worse ?
The government found that it has more power than was given to it, because the government said so

[@dannyshur9228]

does anyone have the answer to number two?

[@dannyshur9228]

Do we have to watch this?