McCulloch v Maryland

By Belky Lemus and Osmara Melo


  • 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
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  • 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
  1. historical practice established power to create banks
  2. refuted the argument that states retain ultimate sovereignty because they ratified the constitution
  3. he addressed the scope of congressional power under Article 1
  4. 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
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  • 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
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