McCulloch v Maryland
By Belky Lemus and Osmara Melo
Issue
- The constitution attempted to create a second bank of the United States and the state of Maryland lacked power to tax the bank.
- The state of Maryland wanted to put a tax on the second bank of Maryland
- Congress established a national bank so that they could be in control of currency within state because it was unregulated at the time
- The state opposed the Congress decision of the creation of the national bank
Decison
- The court established the Necessary and Proper Clause of the Constitution that allowed the Federal government to pass laws not provided in the listed in the Constitution
- Originally the case was heard by Maryland's state court who favor the opposition of the bank
- The State Court determined that congress had the power to create a Bank if they wanted to
- Chief Justice Marshall supported this conclusion for 4 major reasons
- historical practice established power to create banks
- refuted the argument that states retain ultimate sovereignty because they ratified the constitution
- he addressed the scope of congressional power under Article 1
- Supported the court's Necessary and Proper Clause , that permits Congress to seek an objective as long as it's rationally related to the objective and not forbidden by the constitution
Impact
- The case established some principles
- James McCulloch refused to pay the taxes which would ensue that there would be an impact on judicial and Constitutional matters
- Under the necessary and proper clause it can establish a national bank and the Federal government is the supreme law of the land