Which constitutional provisions did McCulloch v. Maryland rely on to support the creation of a national bank?

• A. Necessary and Proper Clause and Supremacy Clause.
• B. Commerce Clause.
• C. Privileges and Immunities Clause.
• D. Contracts Clause.

Answer: (A)

The key idea is that Congress can use implied powers to carry out its enumerated duties, and federal law takes precedence over state law. The Necessary and Proper Clause gives Congress latitude to choose means—like a national bank—that help it execute powers such as borrowing money, regulating currency, and managing the nation’s finances. Creating a bank was seen as a legitimate instrument to support those aims, even though the bank isn’t spelled out word-for-word in the Constitution.

Once the bank exists as a federal entity, the Supremacy Clause ensures that state laws cannot interfere with or tax it. Maryland’s attempt to tax the bank would obstruct federal functions, which the Constitution forbids under the Supremacy Clause.

The other provisions don’t fit this rationale. The Commerce Clause deals with regulating trade between states rather than authorizing the creation of a bank. The Privileges and Immunities Clause protects certain rights of citizens across states, not the creation of federal institutions. The Contracts Clause limits states from impairing contract rights and isn’t the basis for establishing or protecting a federal bank.