on
had provided no tribunal for the final construction of itself, or of the
laws or treaties of the nation, then the Constitution and the laws and
treaties might receive as many constructions as there were States. He
then proceeded to demonstrate that such a power of supervision existed,
maintaining that the general government, though limited as to its
objects, was supreme with respect to those objects, and that such a
right of supervision was essential to the maintenance of that supremacy.

In 1819, he delivered in the case of McCulloch _v_. Maryland what is
generally regarded as his greatest and most carefully reasoned opinion.
The particular questions involved were those (1) of the power of the
United States to incorporate a bank, and (2) of the freedom of a bank so
incorporated from State taxation or control. The United States bank,
which Congress had rechartered in 1816, had established a branch in
Maryland. Soon afterwards the Legislature passed an Act requiring all
banks situated in the State to issue their notes on stamped paper, the
object being to strike at the branch bank by indirectly taxing it. The
case was 'argued before the Supreme Court by the most eminent lawyers of
the day, Pinkney, Webster, and Wirt appearing for the bank, and Luther
Martin, Joseph Hopkinson, and Walter Jones for the State of Maryland.
The unanimous opinion of the court was delivered by Marshall. It
asserted not only the power of the Federal government to incorporate a
bank, but also the freedom of such a bank from the taxation, control, or
obstruction of any State. While no express power of incorporation was
given by the Constitution, yet it was found to be a power necessarily
implied, since it was essential to the accomplishment of the objects of
the Union. This principle Marshall laid down in these memorable words:
"Let the end be legitimate, let it be within the scope of the
Constitution, and all means which are appropriate, which are plainly
adapted to that end, which are not prohibited, but consist with the
letter and spirit of the Constitution, are constitutional."

Of no less importance than the opinions heretofore mentioned are those
that deal with the power of the general government to regulate commerce
and to preserve it from hindrance on the part of the States. Of these
the chief example is that which was delivered in the case of Gibbons
_v_. Ogden, in 1824. By the Legislature of New York an exclusive right
had been grant