The Supremacy of National Law
National v State Powers
McCulloch v Maryland (1819)
1) What is the issue? (What is the court asked to decide?)
2) List the facts of the case.
3) What are the arguments used by Justice Marshall to justify the extension of congressional
power to include the power to incorporate a bank, even though the words “bank” and
“incorporate” are not found in the US Constitution?
4) Explain how Maryland’s tax on the national bank violated the US Constitution.
Gibbons v Ogden (1824) (Article that follows the McCulloch decision)
1) What is the difference between intra- and inter- state commerce?
2) Identify the issue the court is asked to address.
3) List the facts of the case.
4) Explain how this decision increased the power of the national government.
National Power over the States:
A Recurring Constitutional Debate
1) Identify the most important Congressional powers in Article I.
2) Explain why 1937 is considered a turning point in commerce clause interpretation.
3) Explain how US v Lopez (1995) affected commerce clause interpretation.