Congress established a single provision in 1866

voter turnout, 2006-2012

both are true, the congress does have the power to create banks, even if this power is not specifically described in the constitution, since there is nothing restricting it and there is power given to the congress to make "all laws which shall be necessary and proper". maryland was not allowed to tax a branch of the national bank operating there, and the supreme court decided that no state could. both of these topics were discussed in a decision of the mcculloch v. maryland case in 1819.

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.