Supremacy Clause and the Powers of Congress Articles I and VI

Article VI The Supremacy Clause: Definition & Example - Video & Lesson Transcript | Study.com Debts of the US would still be honored Any laws or treaties made by the US would be the supreme law of the land Known as the supremacy clause All Congressional, Judicial, and Executive officials would take an Oath of Affirmation No religious test would be required

Gibbons v. Ogden, 1824 Robert Fulton was given a monopoly to run steamships on New York rivers He in turn gave part of this monopoly to Aaron Ogden to operate from New York City to Albany The Federal government gave Thomas Gibbons a license to operate on a route that conflicted with Ogden’s. Ogden sued Gibbons in a New York court and won

Gibbons appealed to the Supreme Court He claimed the New York grant conflicted with the power of Congress to regulate trade Federal laws should supersede State laws (Supremacy Clause) The Supreme Court agreed and overturned the New York decision also added that interstate commerce could only be regulated by the federal government Effects:Steam navigation expanded and the federal government was stronger

McCulloch v. Maryland The state of Maryland brought an action against James William McCulloch, a cashier in the Maryland branch of the Bank of the United States for not paying a tax the state had imposed on the United States Bank. Issue Whether the state of Maryland had the right to tax a federal agency which was properly set up by the United States Congress.

Opinion Unanimous decision Supreme Court ruled - State could not tax a federal bank The Court said Congress could set up a United States Bank and write laws “necessary and proper” to carry out its constitutional power to coin and regulate money. The “necessary and proper clause is also known as the elastic clause.