McCulloch v. Maryland Part 2

Historical Topics Covered:

States Rights vs. Federal Powers
2nd Bank of the US
John Marshall’s Main Arguments in McCulloch v. Maryland
Hamiltonian Means Ends Argument
The Necessary and Proper Clause

Questions to ponder and discuss

  1. How did Jefferson’s views on the establishment of a national bank differ from Hamilton’s?
  2. What is the danger of a bank printing its own currency if it is not back 100% by specie reserves?
  3. Is there a danger of a bank lending money without 100% reserves?
  4. Did the federalist plan of a central bank cure the monetary crises?
  5. What happened in 1817-1819 when the federal government had the ability to print money?
  6. What is the danger to the economy if private banks or a national bank increase the money supply by printing money without 100% reserves?
  7. Is John Marshall’s constitutional doctrine of “Implied Powers” and use of the “Necessary and proper clause, correct?
  8. Is John Taylor’s criticism of Marshall’s logic correct? See Taylor’s argument here.
  9. What was James Madison’s & George Mason’s opinion of the “Necessary and Proper clause?
  10. Who decides what are the “implied powers”?
  11. Did John Marshall prove a necessary connection between a national bank, with branches, and the enumerated powers of the national government?
  12. Should the federal government be able to incorporate a private institution? What are the implications of this?
  13. Does the federal government have the right to delegate its sovereignty to a private corporation?
  14. Was there strong opposition to the Supreme Court’s ruling?
  15. Did all the states feel that the Supreme Court’s ruling was binding on them?

Resources

McCulloch v. Maryland

http://en.wikipedia.org/wiki/McCulloch_v._Maryland

 

MARSHALL, C.J., Opinion of the Court, Supreme Court of the United States, McCulloch v. Maryland

http://scholar.google.com/scholar_case?case=9272959520166823796&hl=en&as_sdt=2&as_vis=1&oi=scholarr

 

The Original Meaning of the Necessary and Proper Clause, Randy E. Barnett, Georgetown University Law Center (A good source for original quotes and original intent concerning the “necessary & proper” clause)

http://tinyurl.com/9nscuf4

 

The Anti-Federalists Were Right Again, Laurence M. Vance

http://www.lewrockwell.com/vance/vance107.html

 

Delegated Sovereignty and Economic Fascism: McCulloch v. Maryland (1819), Gary North

http://www.garynorth.com/public/9723.cfm

 

The Mystery of Banking, Murray N. Rothbard

http://library.mises.org/books/Murray%20N%20Rothbard/Mystery%20of%20Banking.pdf

 

The Supreme Court in United States history, Volume 1, Charles Warren

http://tinyurl.com/98htm4x

 

States’ Rights vs. Monetary Monopoly, Thomas J. DiLorenzo

http://www.lewrockwell.com/dilorenzo/dilorenzo45.html

 

Economic Depressions: Their Cause and Cure, Murray N. Rothbard

http://www.lewrockwell.com/rothbard/rothbard183.html