Answer:
The constitutional clause used by chief justice Marshall to uphold congress ability to create bank is necessary and proper clause.
Step-by-step explanation:
- Chief justice 'Marshall' supported his conclusion with 'four main arguments'. Firstly, he argued the historical practice established congress power to create bank.
- Marshall invoked the "first bank of US" history as authority of the second bank.
- John Marshall became the "fourth chief justice".
- 'Necessary and proper clause' of US constitution provides congress the power to fulfill its legal power.
- McCullough V. Maryland was a supreme court decision in that case, the 'supreme court' ruled that "congress had implied powers" under proper clause of 'article 1 section 8 of constitution' to create second bank of US.