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Case Study: Mcculloch Vs. Maryland

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McCulloch vs Maryland

Summary In case of McCulloch vs Maryland is a landmark case that questioned the extent of federal government 's separation of power from state government. A problem arose when the Second Bank of America was established. With the War of 1812 and it’s financial suffering in the past, the government sought to create a bank with the purpose of securing the ability to fund future wars and financial endeavors. Many states were disappointed with this new organization, one of them being Maryland. In response to this, “The Maryland legislature responded to this action by levying a tax on all branches of banks “not chartered by the legislature”—a move aimed at destroying the Baltimore branch of the Bank of the United States."1James McCulloch who was a banker at the branch in Baltimore refused to pay the annual tax. He was convicted by Maryland state court and fined a total of 2,500 dollars. Losing at the state …show more content…

It was determined that “the Congress of the United States is granted for certain implied powers by the Constitution that are implemented in order to ensure for the proper function of the Federal Government."3In relevance to the states, it was determined that “States cannot impose on the powers granted by the Constitution to the Federal Government by any action."3 In the case of McCulloch vs Maryland,this included the act of imposing a state bank tax on a national bank.

Federalism
This case tells us that the relationship between federal and state government is limited.
Reflective
Personally, I believe that in the grand scheme of things, this decision has limited the powers of the states opposed to the federal

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Muculloch V Maryland was a significant court decision because it established a new principle. The Landmark court decision had shown the importance of the Supreme court and how the Supreme court choose to interpret an existing law. The Bank during the time period is depository of federal funds. States saw the bank as having a privileged position in which they were having resentment. When State banks began to fall into the depression in 1818 they decided to blame the troubles they were having on the bank.

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This supreme court decision expressed national power more than many. This decision showed how much more power the national government has then the states within the nation. It was in this ruling that they reminded the nation that the constitution is just meant to be a basic outline of general ideas that are easily understood by the public (Jones Martin). If I was the supreme court I feel that I would've made a very similar decision. Reason being is that the national government should have much more power of states controlling what is right and what isnt.

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McCulloch v. Maryland McCulloch v. Maryland is a United States supreme court case that was decided on March 6, 1819.This supreme court case very important in that it was related to how much power the government would have. The federal government used the necessary and proper clause to indicate that it was right and just for them to create a national bank. The state of Maryland imposed a tax 15,000/year on the national bank,which cashier James McCulloch of the Baltimore branch refused to pay. The argument for Maryland was that it was a sovereign state and had the authority to impose a tax any business within its state lines.

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Yasmin Hassan DUE WEEK OF SEPT 22. POLSC 110 Prof. Newton FEDERALISM Logic of American Politics: “Federalism” 1. Explain the Supreme Court’s decisions in McCulloch v. Maryland and Gibbons v. Ogden and what these decisions would mean for federal-state relations. How would these early cases enable an expanded role for the national government years after these cases were heard?

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Justice Stephens wrote the majority opinion stating that the power to vote for legislative members should be directly chosen by the people, not by the States. Powell v. McCormack established that the Qualification Clause for Congress listed in the Constitution are exclusive and the “fundamental principle of our representative democracy.” Adding such limitations to candidates takes away the direct vote from the people and destroys the “uniform national system” that the Constitution wanted for Congress. The Framers recognized that electing the legislature was a new idea that stemming from the Constitution, thus, not a right of the “original powers” of the states. The court also concluded that Framers divested the states of any power to add qualifications, because there was no right before the ratification of the Constitution.

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United States v. Lopez was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution. The issue of the case was that It exceeded to the power of Congress which had no say over it because the case had nothing to do with commerce or any sort of economic activity. The case United States v. Lopez involved Alfonzo Lopez Jr., Supreme Court Justice William H. Rehnquist, and Congress. Unites States v. Lopez was about a 12th grader named

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The ruling resulted in the leverage that federal law presides over state

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“The accumulation of all powers… in the same hands, whether one, a few, or many… may be justly pronounced the very definition of tyranny. ”-James Madison. Fifty-five delegates, from the thirteen states, met in Philadelphia in May of 1787 to discuss and revise the Articles of Confederation. The chief executive and the representatives worked to create a frame for what is now our Constitution. The Constitution guarded against tyranny in four ways; Federalism that creates a State and Federal government, Separation of Powers that gives equal power to the three branches, Checks and Balances that create balance in the three branches by checking each other and being checked and the Small States vs the Big States ensures an equal voice for all states no matter what their size.

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The significance of this triad is that Dartmouth, McColloch, and Gibbons are three landmark Supreme Court cases decided by Chief Justice John Marshall that affected the interpretation of the Constitution and the federal government’s powers. Dartmouth College v. Woodward was decided in 1819 and found that the Contract Clause of the U.S. Constitution which says no State shall make any law impairing the obligation of contracts was good law. It separated public and private charters and created the American business corporation and the free enterprise system. McCulloch v. Maryland was decided in 1819 and allowed the Federal government to pass laws not expressly provided for in the Constitution’s list of enumerated powers. It further developed the

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For example, in many landmark cases, such as Sturges v. Crowinshield and McCulloch v. Maryland, the US Supreme Court advocated the supremacy of the federal government over the states. [5] During the economic development, the slavery was a thorny issue to the federal government and it was closely connected to the land policy. The issue eventually led to the several land ordinances including the 1787 “Northwest Ordinance” governing settlement which later became various states, such as Ohio, Indiana, Illinois, Michigan, and Wisconsin. Eventually, the federal government came up with the Missouri Comprise that settled the disparity between the North and the South for the time being. [6] Nonetheless, the economic policies implemented by the federal government faced strong oppositions from the state governments;

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In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John

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Some argue that the federal government was simply looking out for the well being and safety of the country, but all they were doing was giving themselves more power, originally set aside for the states. As a result, the new acts should be declared unconstitutional. One reason that the acts were unconstitutional was the fact that they violated the tenth amendment. The tenth amendment states that “the powers not delegated to the United States by the Constitution are reserved to the States or the people.”

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In 1816, Congress created The Second Bank of the United States. In 1818, the state of Maryland passed legislation to levy taxes on the bank. James McCulloch, a cashier from the Baltimore division of the bank, refused to pay the tax (McCulloch, 2015). The two main questions that were being asked was if the Federal Government had the power to create a national bank and if Maryland was breaking the law by interfering with Congressional powers. Marshall eventually backed Congress in allowing that due to their Congressional powers, the United States Congress could create a national bank.

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The Supreme Court case McCulloch v Maryland originally originated in Maryland when the Maryland legislature decided to levy a tax on all branches of the banks. It was aimed to destroy the Baltimore branch of the Bank of the United States. James McCulloch was a cashier at the Baltimore branch. He was issuing bank notes without complying with the Maryland law. Maryland had sued McCulloch for refusing to pay the taxes under the Maryland statute.

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This case highlights how important the Supreme Court is to setting legal precedent and preserving the states' and the federal

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