Florida Civics Literacy (FCLE) Practice Exam

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What United States Supreme Court decision was based on the necessary and proper clause?

West Virginia v. Barnette
McCulloh v. Maryland
Tinker v. Des Moines
US v. Nixon

The correct answer is: McCulloh v. Maryland

McCulloh v. Maryland was based on the necessary and proper clause because it dealt with the issue of whether or not the state of Maryland had the power to tax a federal institution, in this case, the Second Bank of the United States. The Court ruled that the creation of a national bank was necessary and proper for the execution of federal powers, and therefore, the state could not interfere with it through taxation. Options A, C, and D are incorrect because they were not based on the necessary and proper clause. West Virginia v. Barnette dealt with First Amendment rights, specifically the freedom of speech and the freedom of religion. Tinker v. Des Moines dealt with student rights and the First Amendment. US v. Nixon dealt with executive privilege and the separation of powers.