Final answer:
In McCulloch v. Maryland, the Supreme Court ruled that Congress could establish a national bank under the necessary and proper clause and that states could not tax federal institutions, affirming the principle of national supremacy. The correct choice is O congress can establish a national bank even if the constitution does not grant express or implied consent.
Step-by-step explanation:
The Supreme Court decision in McCulloch v. Maryland was a landmark case that had significant implications for the balance of power between the state governments and the federal government. The case addressed two key constitutional questions: whether Congress had the authority to establish a national bank, and whether a state had the power to tax that bank.
Chief Justice John Marshall delivered the opinion of the Court, asserting that under the necessary and proper clause of Article I, Section 8 of the Constitution, Congress did have the power to create a national bank as a means to carry out its enumerated powers, such as regulating commerce and taxing and borrowing. Furthermore, the decision reinforced the principle of national supremacy as outlined in the supremacy clause of Article VI, stating that state laws could not interfere with or tax the legitimate operations of the federal government.
Summarizing these findings, the correct answer to the multiple-choice question is: 'The necessary and proper clause implies the power to establish a national bank.' This decision established the doctrine of implied powers and the principle that legitimate federal operations are immune to state taxation or interference, thus upholding the supremacy of federal laws over conflicting state laws.