McCulloch v. Maryland explicitly states that Congressional delegation of these powers to chartered entities is valid under the Necessary and Proper Clause.
According to its proponents, this ruling in NFIB v. Sebelius returns the Necessary and Proper clause to its original interpretation outlined by John Marshall in McCulloch v. Maryland.
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The court ruled against Maryland, and Chief Justice John Marshall, Hamilton's longtime Federalist ally, wrote the opinion, which stated that while the Constitution did not explicitly give permission to create a federal bank, it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that Congress could realize or fulfill its express taxing and spending powers.
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At this time James Madison concurred with Hamilton, arguing in Federalist No. 44 that without this clause, the constitution would be a "dead letter".
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