U.S. Government and Civics / Unit 3: Federalism
3.2 Supremacy and the Elastic Clause
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:
The Court upheld implied powers and the supremacy of federal law.
A state law sets rules that directly conflict with a valid federal law. Which part of the Constitution decides which law wins?
Under the supremacy clause, valid federal law overrides conflicting state law.
The necessary and proper clause is called the "elastic clause" because it:
It is the basis of Congress's implied powers.
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