Supremacy Of National Law And Decisions example essay topic

The Supreme Court case of McCulloch vs. Maryland set forth important principles in American government. The case itself dealt with whether or not the Congress had power from the Constitution to establish a national bank; also, it dealt with whether or not a state could tax or interfere with the national bank. More specifically, the question was whether the state of Maryland could, without violating the Constitution, tax the national bank. From McCulloch vs. Maryland, Marshall stated two important political ideas: one, the doctrine of implied powers, which are powers that are not stated in the text of the Constitution but are given through the Necessary and Proper Clause, and, second, the doctrine of national law being supreme over all decisions in America. John Marshall's ruling in McCulloch vs. Maryland had a profound effect on the American government.

First of all, Marshall helped establish the supremacy of national law and decisions. He stated", that the constitution and the laws made in pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them". The supremacy of national law is imperative in order to provide a national defense, to collect taxes, to borrow money, to regulate commerce, and to declare and conduct a war. These powers of the national government are essential to the continuance of a democratic nation.

Also, establishing a national supremacy promoted a stronger Union between the states. In addition to supremacy, the doctrine of implied powers had a strategic effect on American government. Implied powers have been important because it allows political leaders to keep the Constitution and its laws in pace with the changing times. For example, American political leaders established FEMA, a disaster relief program. It was established through implied powers and has been an important aspect of American's lives. The doctrine of implied powers and the doctrine of the supremacy of national law have been integral parts of the formation of the present American government.

John Marshall's interpretation of McCulloch vs. Maryland was insightful and immensely important in the formation of American politics. There has always been constant dissension between the states and the central government. Determining the boundaries of national power in association to the inhibited powers of the states has caused numerous problems. However, Marshall decision quieted advocates of state rights' and established important doctrines in American legislation. Marshall crafted his decision to support the supremacy of the national government not only in this case, but he established a mandate to follow. In conclusion, through McCulloch vs. Maryland, Marshall established the supremacy of the national government and implied powers, allowing the central government in America to be in firm control of the country..