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Transcript

McCulloch V. Maryland (1816)

Tsha, Madeline, Oni, Anthony S

Background - madeline

Background

The Supreme Court established a national bank in 1816 in the state of Maryland. Because Maryland questioned the constitutionality of the bank, they set a precedent by requiring taxes on all banks not chartered by the state. James McCullouch, who was a a Federal cashier at the United States bank in Baltimore, refused to pay his taxes. Because of this, the law clerks of Maryland collected amicus curiae briefs. Maryland filed a suit agianst James McCullouch and brought it to Court. This case was one of the first and most important court cases on the federal balance of power.

Supreme Court

The state of Maryland imposed a tax on the bank which McCulloch refused to pay. The case went to the Supreme Court through a writ of certiorari- where lower court review was requested. McCulloch admitted he was not complying with the Maryland law, which he lost in the Baltimore County Court and that court’s decision was affirmed by the Maryland Court of Appeals. The case was then taken by writ of error to the United States Supreme Court (Supreme Court). The judges on this case were Marshall, Washington, Johnson, Livingston, Todd, Duvall, and Story.

The Maryland legislature had a confrence with oral arguments, claiming that by establishing a bank the government is overstepped their boundaries. Then voted to impose a tax on all banks within the state that were not chartered by the legislature. The Second Bank of the United States refused to comply with the law, resulting in a lawsuit against McCulloch. This was supervised by the soliciter general, John Marshall.

tsha

Key Facts

In 1816, Congress chartered The Second Bank of the United States. In 1818, Maryland passed legislation to tax the bank. James W. McCulloch, one of the bankers, refused to pay the tax. Because of this, Maryland filed a Suit agianst McCullough, and it went to Court. The concurring opinion, or the majority opinion, was that Congress can establish a national bank and Maryland cannot tax federal government employees. There was no dissenting opinion, or an arguement that disagrees with the majority opinion, because the court voted unanimously.

Oni

Big Question (A.S)

Big Question

Can Congress establish a national bank and did Maryland challenge Congress unconstitutionally?

OPINION OF THE COURT

(A.S)

Court Holding

9-0 The Court ruled on the side of McCullogh. It was ruled that Congress can establish a national bank and Maryland cannot tax federal government employees. There was no dissenting opinion/disagreement since the case was unanimous.

The Court used the Necessary and Proper Clause becuase the bank was necessary (Article 1, Section 8)

Connections

madeline

Connections

This case connects to Gibbons v. Ogden (1824). In this case, the main question was if the commerce clause gave authority to Congress over interstate navigation. This case relates to McCullough v. Maryland because it relates to Congressional power and trying to expand it through implied power. This case also relates to civil liberties and civil rights because it has to do with the state improperly taxing a person. McCulloch was being improperly taxed by Maryland.

Impact

After the ruling of this case, there was Federal Supremacy over States through the necessary and proper clause. Marshall, a Justice on the Supreme Court, redefined “necessary” to mean “appropriate and legitimate,” which gave more enumerated power to the federal government. This is a landmark case because it gave a new definition to the neccessary and proper clause. McCulloch V Maryland impacts our rights as citizens by giving more power to the government though the neccessary and proper clause. However, it does prevent states from improperly taxing citizens.

Impact

Oni

Mnemonic Device

McCulloch v. Maryland gave the federal government higher authority.

M&m:

M= Federal (higher authority)

m= states (lower authority)

Remember

tsha

https://create.kahoot.it/details/c678330c-8e18-48c4-adf9-7ac065fba0aa

Kahoot

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