Last Updated 16 Apr 2020

Mcculloch V. Maryland Brief

Category Justice
Words 597 (3 pages)
Views 131

McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch, a cashier for the Baltimore, Maryland Bank, was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with federal laws enacted within the scope of the Constitution. Facts.

Congress chartered the Second Bank of the United States. Branches were established in many states, including one in Baltimore, Maryland. In response, the Maryland legislature adopted an Act imposing a tax on all banks in the state not chartered by the state legislature. James McCulloch, a cashier for the Baltimore branch of the United States Bank, was sued for violating this Act. McCulloch admitted he was not complying with the Maryland law. McCulloch 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). Issue. Does Congress have the authority to establish a Bank of the United States under the Constitution? Held. Yes. Judgment reversed. Counsel for the state of Maryland claimed that because the Constitution was enacted by the independent states, it should be exercised in subordination to the states. However, the states ratified the Constitution by a two-thirds vote of their citizens, not by a decision of the state legislature.

Order custom essay Mcculloch V. Maryland Brief with free plagiarism report

GET ORIGINAL PAPER

Therefore, although limited in its powers, the Constitution is supreme over the laws of the states. There is no enumerated power within the Constitution allowing for the creation of a bank. But, Congress is granted the power of making “all laws which shall be necessary and proper for carrying into execution the foregoing powers. ” The Supreme Court determines through Constitutional construction that “necessary” is not a limitation, but rather applies to any means with a legitimate end within the scope of the Constitution.

Because the Constitution is supreme over state laws, the states cannot apply taxes, which would in effect destroy federal legislative law. Therefore, Maryland’s state tax on the United States Bank is unconstitutional. Discussion. This Supreme Court decision establishes the Constitution as the supreme law of the land, taking precedent over any state law incongruent with it. McCulloch v. Maryland Term: •1792-1850 o1819 Location: Maryland State House Facts of the Case

In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Question The case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Conclusion Decision: 7 votes for McCulloch, 0 vote(s) against Legal provision: US Const.

Art 1, Section 8 Clauses 1 and 18 In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme. . . they control the constitution and laws of the respective states, and cannot be controlled by them. "

This essay was written by a fellow student. You can use it as an example when writing your own essay or use it as a source, but you need cite it.

Get professional help and free up your time for more important courses

Starting from 3 hours delivery 450+ experts on 30 subjects
get essay help 124  experts online

Did you know that we have over 70,000 essays on 3,000 topics in our database?

Cite this page

Explore how the human body functions as one unit in harmony in order to life

Mcculloch V. Maryland Brief. (2017, Apr 29). Retrieved from https://phdessay.com/mcculloch-v-maryland-brief/

Don't let plagiarism ruin your grade

Run a free check or have your essay done for you

We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

Save time and let our verified experts help you.

Hire writer