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McCulloch vs. Maryland

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by

Maureen McClellan

on 18 October 2012

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Transcript of McCulloch vs. Maryland

McCulloch vs. Maryland "The power to tax involves the power to destroy." - John Marshall What was the ruling? This prevented banks from printing money on paper not stamped by the state. James McCulloch, a cashier at the Baltimore branch of the Second Bank of the United States, issued bank notes on unapproved paper and refused to pay the tax. Maryland sued McCulloch for
failure to pay taxes and
McCulloch questioned the
constitutionality of the tax. Does Maryland have the power to tax a federal bank? it expanded the power given to Congress to include those implied by the constitution, established the inferior status of the states in relation to the union, and set constitutional sovereignty of the federal government- all which contributed to the power of the government today. Does Congress have the authority to establish a federal bank in Maryland? Works Cited:

"McCulloch v. Maryland - Case Brief Summary." McCulloch v.
Maryland - Case Brief Summary. N.p., n.d. Web. 15 Oct. 2012.<http://www.lawnix.com/cases/mcculloch-maryland.html>.
McBride, Alex. "McCulloch v. Maryland (1819)." PBS. PBS, Dec. 2006.
Web. 15 Oct. 2012. <http://www.pbs.org/wnet/supremecourt/antebellum/landmark_mcculloch.html>. Unanimous!
(7 for, 0 against) Federal laws take priority over a state's laws. States are just different sections of the wider federal government. The court ruled in favor of McCulloch. It was decided that Congress DID have the authority to establish a federal bank in Maryland, but Maryland did NOT have the power to tax the federal bank. The Constitution's Necessary and Proper Clause gave Congress implied powers that justified the establishment of the national bank. The ruling was in favor of McCulloch by determining that Congress had a constitutional power to establish a national bank and states could not legally interfere with federal law. Explanation of the case: What was the reasoning behind the ruling? What precedents did it establish? Why is it still important today? The court expanded the powers of Congress to include those implied by the Constitution, established the inferior status of the states in relation to the union, and set Constitutional sovereignty of the federal government. All of these judicial clarifications play a part in court cases today. They are the bases for determining the constitutionality of certain acts and they keep the states from holding too much power. Additionally, this case is one of the sources of justification of a loose construction of the Constitution. Bibliography: In 1819, the state of Maryland
tried to impose an operating
tax on all banks in Maryland
not established by the state. and What was the ruling? How many judges were for and how many were against? What Judicial Question did the case present?
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