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Saturday, July 17, 2010

Supremacy Clause - Definition, Court Cases, Articles, History - LawBrain

Supremacy Clause - Definition, Court Cases, Articles, History - LawBrain

The concept of federal supremacy was developed by Chief Justice John Marshall, who led the Supreme Court from 1801 to 1835. In mcculloch v. maryland 17 U.S. (4 Wheat.) 316, 4 L. Ed. 579 (1819), the Court invalidated a Maryland law that taxed all banks in the state, including a branch of the national bank located at Baltimore. Marshall held that although none of the enumerated powers of Congress explicitly authorized the incorporation of the national bank, the necessary and proper clause provided the basis for Congress's action. Having established that the exercise of authority was proper, Marshall concluded that "the government of the Union, though limited in its power, is supreme within its sphere of action."

After the Civil War, the Supreme Court was more supportive

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