principles of necessary and proper and the supremacy clause can be seen in the landmark case McCulloch v. Maryland. The Supreme Court ruled that the state of Maryland could not tax the United States national bank because the necessary and proper clause “gave Congress a discretionary choice of means for implementing the granted powers.” This also was the first case to establish the national government as supreme by not allowing the state of Maryland to regulate a national bank through taxation.“Resulting powers are derived by implication from the mass of delegated powers or from a group of them. Such powers include the taking of property by eminent domain for a purpose not specified in the Constitution, the power to carry into effect treaties entered into by the United States, the power to maintain national supremacy of the national government within its sphere of authority, and the power to control relations with Indians.”There are powers that are shared between the national and state governments and there are those that are only practiced by the central government. These powers are known as concurrent (shared) and exclusive. Powers are exclusive when: “1. Where the right to exercise the power is made exclusive by express provision of the Constitution. Article 1 Section 8, Clause 17 gives Congress exclusive power over the District of Columbia and over property purchased from a state with consent of the legislature. 2. Where one section of the Constitution grants an express power to Congress and another section prohibits the states from exercising a similar power. Article 1 Section 8 gives Congress the power to coin money and Article 1 Section 10 prohibits the states from exercising such a power. 3. Where the power granted to Congress, though not in terms exclusive, is such that the exercise of a similar power by the states would be utterly incompatible with national power. In Cooley v. Board of...
