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The state argued the United States Constitution did not explicitly grant Congress the power to establish banks. In 1819, the Court decided against the state of Maryland. Chief Justice Marshall argued that Congress had the right to establish the bank, as the Constitution grants to Congress certain implied powers beyond those explicitly stated.
It purports to be an additional power, not a restriction on those already granted." [7] [8] Without that clause, there would have been a dispute about whether the express powers imply incidental powers, but the clause resolved that dispute by making those incidental powers be expressed, instead of implied. [8]
The Supreme Court has held that Congress has implied powers through the Commerce Clause. For example, in Standard Oil Co. of New Jersey v. United States and United States v. Darby Lumber Co., it was held that Congress could divide monopolies, prohibit child labor, and establish a minimum wage under the Commerce Clause.
Article I, Section 1 of the U.S. Constitution explains the powers delegated to the federal House of Representatives and Senate.
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.
Regarding the Implied Powers of Congress, the Constitution specifically states all implied or additional powers permitted to the Congress are limited exclusively to the "Powers vested", to the Congress, "by this Constitution" (the Implied Powers Clause does not say, "the Powers vested in it"); meaning, whatever is not expressly written or ...
One of these powers is called the express powers. These powers are expressly given, in the Constitution, to each branch of government. Another power is the implied powers. These powers are those that are necessary to perform expressed powers. There are also inherent and concurrent powers.
[5] The case established two important principles in constitutional law. First, the Constitution grants to Congress implied powers to implement the Constitution's express powers to create a functional national government. Prior to the Supreme Court's decision in McCulloch, the scope of the U.S. government's authority was unclear. [3]