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Mcculloch Vs. Maryland: Compare And Contrast Essay

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Edwards and Wattenberg define Federalism as, “a way of organizing a nation so that two or more levels of government share formal authority over the same area and people. (Edwards and Wattenburg,70)” When the United States first started to form a central government their objective was to never allow for a dominating power to take over the country again. To do so they created a division of power and made it possible for states and more so the “people” the right to have more of an impact on government. Or so were their intended thoughts when creating the constitution and the branches. In doing so their focus constrained national government but left a loose string as to what the states and their constitutions could do. An example of the Federal system gaining power over the states would be McCulloch v Maryland. A Landmark Supreme Court case that defined whether the federal government has inherent powers and whether the state has the right to tax a federal entity. This brought forth the idea of the Necessary and Proper …show more content…

When McCulloch refused the state decided to file a lawsuit against him. In McCulloch’s case, he lost on the district level to the state of Maryland and he lost his appeal. It was only after this that it was brought before the court for review. It was only then that the court decided to go with McCulloch because the act of taxing a federal entity goes against that of the Constitution and although states have their own Constitution they do not override the Constitution of the United States because it is the “law of the land”. It was then that they annulled the prior judgment. The justification was that although the bank itself is not a “sovereign power”, it still “provides the mean of exercising the powers given by the

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Maryland wanted to collect the unpaid taxes. When brought to trial Maryland won. Mcculloch appealed to the US supreme court in 1819. “The United States attorney general,William Wirt,also argued on behalf

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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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Marbury Vs Madison establishing Judicial Review allowed the Federalists to maintain checks and balances on the Democratic Republican-controlled Legislative and Executive branches. McCulloch Vs Maryland, establishing that Federal institutions could not be taxed by state law allowed the government to increase its own wealth. Gibbons Vs Ogden established that federal licenses outlawed state-granted monopolies and allowed the government uninterrupted trading power for domestic economics. All these helped move the Federalist agenda of increasing power in the central

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Maryland passed this law to tax the federal bank. McCulloch, the President of the bank refused to pay the tax. The State of Maryland sued McCulloch, and the Supreme Court accepted the case. In the opinion written by Chief Justice Marshall, the Court ruled that the Bank of the United States was constitutional and that the Maryland tax was not. The Supreme Court said that the Bank of the United States has every right due to the Necessary and Proper Clause of Article I, Section 8 which stated that Congress can pass laws that they consider “necessary and proper”.

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