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Citation. 17 U.S. (4 Wheat.) 316, 4 L.Ed. 579 (1819). Brief Fact Summary. Maryland taxed the Bank of the United States by requiring the Bank to issue notes only “upon stamped paper.”  McCulloch refused to pay the tax.   Synopsis of Rule of Law. Congress, through the Necessary and Proper Clause (Article I, Section 8), has broad authority to enact laws, even when the power was not expressly granted in the Constitution.  Further, the Constitution is the supreme law of the land and thus any law within its scope may not be restricted by a state law.   ...

Citation. 524 U.S. 417, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998). Brief Fact Summary. Congress enacted the Line Item Veto Act which allowed the President to cancel provisions of newly enacted bills, leaving the rest of the bill intact.  The Presentment Clause, however, allows the President to return only the entire bill before it becomes a law.   Synopsis of Rule of Law. Congress may not alter the procedures set forth in the Presentment Clause without amending the Constitution.   ...

Citation. 567 U.S. 519, 132 S.Ct. 2566, 183 L.Ed.2d 450 (2012) Brief Fact Summary. The Government argued that the “individual mandate,” a provision in the Affordable Care Act that would have required Americans to have minimum health insurance coverage or be subjected to a penalty, was within Congress’ Commerce Clause and Necessary and Proper Clause powers.   Synopsis of Rule of Law. The Commerce Clause grants Congress broad authority to “regulate commerce,” but it cannot create commerce.  To allow Congress to compel people to act, based on the aggregate e ...