The Marshall Court (1801–35)


What did Chief Justice Marshall say about the “Necessary and Proper” Clause of the Constitution?

Marshall reasoned that Congress had the power to create the National Bank based on its powers under the “Necessary and Proper” Clause of the Constitution, which provides: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”


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