Maryland's main arguments were: 1) they had the right to regulate businesses and taxes within their state 2) the federal government regulated the state banks, so why couldn't he? t a state regulates a federal bank 3) the Constitution gives the federal government no authority to create a bank, and so it was unconstitutional. On the other side, McCullough's arguments were as follows: 1) Congress had deemed the creation of a national bank to be necessary and appropriate as a means of conducting financial operations. 2) The Constitution is only a framework and all the national operations that might arise could not be carried out. were listened to 3) the federal government is supreme over the state government, and therefore Maryland has no right to question the Second Bank of the United States. Ultimately, John Marshall rendered his verdict in favor of McCulloch and the federal government. In his explanation, he stated that because of Article I, Section 8 of Congress could indeed do whatever it deemed necessary under the "elastic clause." Additionally, Marshall referenced the Supremacy Clause when he stated, "So long as the national government behaves in accordance with the Constitution, its policies take precedence over the policies of the state." Finally, Marshall laid the foundation for "implied powers", which are powers of government that have not been explicitly granted by the Constitution..