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montesquieu took the view that the roman republic had powers separated so that no one could usurp complete power. in the british constitutional system, montesquieu discerned a separation of powers among the monarch, parliament, and the courts of law.

in mcculloch v. maryland (1819) the supreme court ruled that congress had implied powers under the necessary and proper clause of article i, section 8 of the constitution to create the second bank of the united states and that the state of maryland lacked the power to tax the bank.

gibbons v. ogden, (1824), was a landmark decision in which the supreme court of the united states held that the power to regulate interstate commerce, granted to congress by the commerce clause of the united states constitution, encompassed the power to regulate navigation.