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U.S. Government and Civics / Unit 3: Federalism

3.2 Supremacy and the Elastic Clause

3 practice questionsNot yet reviewed

Notes

Two clauses greatly strengthened the national government.

  • Supremacy clause (Article VI): the Constitution, federal laws and treaties are the "supreme Law of the Land." Valid federal law wins when it conflicts with state law.
  • Necessary and proper (elastic) clause (Article I, Section 8): lets Congress make all laws needed to carry out its listed powers, the basis of implied powers.
  • ***McCulloch v. Maryland* (1819)**: Maryland taxed the Second Bank of the United States. The Court ruled that Congress could create a bank under the necessary and proper clause, and that states cannot tax the federal government ("the power to tax involves the power to destroy").
  • McCulloch used both clauses: implied powers and national supremacy.

Practice

In McCulloch v. Maryland, the Supreme Court ruled that:
A state law sets rules that directly conflict with a valid federal law. Which part of the Constitution decides which law wins?
The necessary and proper clause is called the "elastic clause" because it:

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