In McCulloch v. Maryland, which clause primarily justified Congress's power to create a national bank?

• A. Necessary and Proper Clause.
• B. Commerce Clause.
• C. Equal Protection Clause.
• D. Privileges and Immunities Clause.

Answer: (A)

The main idea being tested is that Congress can exercise powers not expressly listed in the Constitution if they are a necessary and proper means to carry out its enumerated duties. In McCulloch v. Maryland, the Court recognized a national bank as constitutional because creating the bank was a reasonable way to help Congress carry out powers like borrowing money, regulating currency, and paying debts. The Necessary and Proper Clause authorizes laws that are appropriate and plainly adapted to executing those enumerated powers, even if the Bank isn’t themselves specifically listed. The decision also reinforces that federal law takes precedence over state actions, but the key justification for the Bank was this implied-power view under the Necessary and Proper Clause. The other clauses mentioned don’t provide the authority to establish a national bank—the Commerce Clause deals with trade, while Equal Protection and Privileges and Immunities address different legal protections—so they aren’t the basis for this particular power.