The year was 1819. The newly formed United States Constitution was hot off the press. The usurpation of Constitutional authority had already begun by the Supreme Court.
McCulloch v. Maryland, one of the first and most foundational Supreme Court cases, demonstrates how long people have been debating the role and power of the federal government. Even within the time of our framers, it was not always easy to agree or to decide on the scope of government overreach. Because of the McCulloch case, the Necessary and Proper Clause was forever redefined.
The fairly new United States government had formed and chartered the Second Bank of the United States. The state of Maryland passed its own legislation taxing that bank. James McCulloch worked at the Baltimore branch of the national bank and refused to allow his branch of the bank to pay taxes to the state. He sued the Maryland state government for forcing him to pay the state tax.
The 1819 Supreme Court, headed by Chief Justice John Marshall, decided on the side of James McCulloch. The Court declared that Congress had the power to incorporate a national bank and that a state would not be allowed to tax that federal instrument.
The Supreme Court recognized there was no explicit authority under Article 1 to incorporate a national bank. However, John Marshall redefined the Necessary and Proper Clause to include all “appropriate and legitimate” methods incidental to Congressional enumerated powers.
Then Marshall used the Necessary and Proper Clause to bequeath Congress its Article 1 authority to charter a national bank.
To quote: “[T]he sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. . .”
Ever since that time, the Necessary and Proper Clause has been one of the main tools in the federal government’s arsenal.
It is interesting to note that written earlier in the opinion, John Marshall stated, “This government is acknowledged by all, to be one of enumerated powers. . . . But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, so long as our system shall exist.”
Isn’t that the truth?!
The case for a convention of the states is also perpetually arising. We the People are the Fourth branch of government. We have a responsibility to hold a convention as the federal government will continue to increase its authority.
You can read the full case here.
You can also view my Facebook Live discussion on this same case. Watch it here.
An Article V convention is the answer to federal overreach. Now you know! Time for action. Join our Michigan team of volunteer grassroots activists today!
