McCulloch v. Maryland Part 1

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?


McCulloch v. Maryland


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


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)


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


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


The Mystery of Banking, Murray N. Rothbard


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


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


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


A Basic History of the United States, Vol 2., Clarence B. Carson
A Basic History of the United States (Vol.2): the Beginning of the Republic 1775-1825