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Mcculloch Vs. Maryland 1819: Enumerated Powers Of The National Government

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After the failure of the articles of confederation, due to various problems of having a limited national government, the national government sought to write up a new basis for government. The writers of the constitution expanded the strength of the national government, giving them various enumerated powers, to make the national government have more authority over the states to impose order. In addition to the enumerated powers of congress, to avoid limiting the national government to what is in the constitution, Article 1 of the constitution also includes the “necessary and proper” clause which gives congress the ability “to make all laws which shall be necessary and proper for carrying into execution the foregoing [enumerated] powers” (Article …show more content…

When Congress established the Second National Bank several States levied taxes against it leaving it unprofitable. The man who is in charge of the Maryland branch of the national bank, James McCulloch, refused to pay Maryland’s tax and brought the case to the Supreme Court. In McCulloch v. Maryland (1819), the chief justice, John Marshall, ruled in favor of the national government, citing the necessary and proper clause as the basis of the ruling. This was one of the first execution of the national government's implied powers and expanded the government's power to establish and protect a national bank. This ruling served as a precedent for later rulings that supported giving powers to the national government. Another landmark case, Gibbons v. Ogden, gave more power to the national government in regulating commernance. Gibbons sued Ogden due to Ogden having a monopoly on ferries that operate between New York and New Jersey. Marshall again gave a ruling that gave more power to the national government asserting that “Congress’s commerce power was not limited to trade between the states, but to all aspects of that trade, including the transportation of goods” (73). This ruling establishes that the constitution is flexible in its wording and that the words in the constitution can have their meaning change over …show more content…

When congress was siding more with free states, Southern Leader, John C. Calhoun, created the “doctrine of nullification” which states that “a state has the constitutional right to nullify a national law” (73). This action almost lead to war when South Carolina invoked this doctrine and Andrew Jackson took military action to keep the union in tact. Although both sides were able to reach a compromise, a civil war will take place 30 years from then. Another spike in tensions was the Dred Scott decision (1857). A slave named Dred Scott argued that since his master died in a free state, and the Missouri Compromise of 1820, a federal law, made slavery in a free state illegal, he was a free man. The Supreme Justice at the time, Roger Taney, stated that the Missouri Compromise was unconstitutional as slaves were property and the constitution forbids congress from interfering with people’s property rights. This lead to the Lincoln presidency and the southern states saw him as a threat to their institution of slavery and seceded from the union. Lincoln then sent the union army to maintain the union, proving what the national government will do to assert its

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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.

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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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These authorities that the national government should have, were all up to the states to decide under the Articles. With the taking away some of the states rights in the Constitution, Anti-federalists feared that this would leave the states too weak, resulting in more problems. Under the new Constitution, many powers that were now in the government 's hands are: the power to levy and collect taxes, the power to regulate interstate commerce, the government set up a national court system consisting of district, circuit, and a supreme court, the government could enforce laws, there was now a house based on population, and a senate based on equal representation (two votes per state), to amend the Constitution, a ⅔ vote of Congress was needed, and a ¾ vote of the states were needed, and a majority rule was needed to pass bills. These new powers and abilities of the national government helped to create a strong, new

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Daniel Webster argued on behalf of McCulloch that the bank was a necessary and proper way for Congress to conduct the financial affairs of the country (site). and the state had no right to tax. Daniel Webster stated in the case, “An unlimited power to tax involves, necessarily, a power to destroy,” (Wheeler 1905). The decision of Supreme Court was in favor of McCulloch because the bank was created lawfully under the constitution as a function of national government. Moreover, state may impede the federal government and thus Maryland Law that directly taxed the U.S. Bank unconstitutionally interfered with the congressional

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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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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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To recap, the decisions John Marshall made in the Supreme

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Failures of The Articles of Confederation Although The Articles of Confederation were created to give the American colonies a sense of a unified government, it had more weaknesses than strengths. This left our new nation incredibly divided and fragile. In order to correct the debilitated state of our government, a new constitution was necessary. The articles of Confederation failed to meet the needs of the New American Republic because it created a weak central government, Congress could not levy taxes and changes needed approval by 9/13 states.

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Marbury v. Madison was heard in 1803 and is considered a landmark United States Supreme Court case which helped the Court form the basis for the exercise of judicial review in the United States under a new article of the Constitution. This was a landmark decision because it helped to define the difference in power between the executive and judicial branches of the American government. It was the first time that a court ruled that they had the power to declare an act of Congress void if it is not consistent with the values of the Constitution. McCulloch v. Maryland was decided by the Supreme Court in 1819, and was known for asserting national supremacy for state action in areas of their constitutionally granted authority.

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People did not want a super authoritative government like they had with England, but the Articles of Confederation’s failure proved that strong federal government was necessary. To prevent the new national government they were implementing from becoming too powerful, they developed a system that prevents it from infringing on the people's rights. For instance, if a bill passes both the house and the senate, the president has the power to veto the bill and send it back to congress (Article 1 Section 7). However, if congress votes on it again and ⅔ of each house vote for it, the bill will override the president’s veto and be signed into a law. The supreme court can check this power too, as they can get rid of laws too if they are not in accordance with the constitution.

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The foundation of its power is that it set forth the authority of the Congress to enact any necessary and proper laws to carry out specific powers listed in the section 8. One of the most typical examples about its application is the Supreme Court Case of McCulloch and Maryland (1819). Although establishment of a national bank is not ruled in the United State Constitution, in 1989, the federal government still concluded a decision to open the Second national bank in Baltimore, Maryland. The government of Maryland required to impose tax on the bank but James William McCulloch, a cashier at the bank, argue that it was not permitted. The U.S Supreme Court applied the necessary and proper clause in the Constitution that the government can receive the implied power to open a national bank and no taxing power can be implemented on the bank of national government.

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Taney’s opinion, on the other hand, would differ greatly from a Marshal opinion. Taney supports the dual federalism perspective, which holds that the state and national governments are equal in power, and places much emphasis on the Tenth Amendment. From Taney's opinion in Scott v. Sandford, it is evident that Taney holds an enclave view of the Tenth Amendment, meaning that there are areas of delegation specifically reserved to the states and the the federal government cannot intrude on. In the Scott v. Sandford ruling, Taney stated that Congress was out of line and had no power to regulate slavery in the territories. This court opinion invalidated the already repealed Missouri Compromise, demonstrating Taney’s support of the states overturning federal legislation that impeded on state sovereignty.

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After the United States declared independence from Great Britain. The Article of Confederation and Perpetual Union was the first constitution of the United States. After a year of reflection, it was submitted to the states for ratification in 1777. It was not approved until 1781. After weak years with the Article of Confederation, in 1789 the Constitution was adopted.

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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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The notion of a living Constitution has greatly developed the American system. It has brought innovative perspectives on how the courts should be responding to constitutional situations. As well, it creates a basis for society to grow through means of acceptance and progressive viewpoints. The constitution should not be used to fit policy outcomes, and that would be the intent originalists seem to push for. Furthermore, there are two distinct reasons why the argument for the living constitution is stronger then the argument for the original intent.

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