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Summary Of James Mcculloch V. State Of Maryland

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James McCulloch
v.
State of Maryland
17 U.S. 316
Supreme Court of the United States
Certiorari to the Maryland Court of Appeals
Decided March 6, 1819

Facts and Procedural History: The facts of the case are as followed:
The second bank of the United States was chartered by Congress in the year 1816, but because of that, two states prohibited the bank from operating inside of their boarders. Now that the state of Maryland made it known that it did not want that National Bank, in 1818, the Maryland legislature made a tax on loan operation of Baltimore Branch on the second bank of the U.S. So one of the workers, James McCulloch refused to pay tax. He took it to court in which he lost in Baltimore County court, and affirmed by Maryland’s court …show more content…

McCulloch then appealed to the Maryland Court of appeals and was still found guilty. Lastly, McCulloch appealed to SCOTUS.
Arguments Heard by the Court:
McCulloch:
This side mainly argued that making a national bank is not stated in the U.S. Constitution, but it is an implied power. But the main argument that was used by Daniel Weber is that if Maryland was able to tax the bank, Maryland would take abuse.
Maryland:
The main argument stated by Luther Martin, who represented Maryland, was that creating the National Bank was not stated in the Constitution. He also argued that if something like a national bank is within their borders, they have a right to tax them.

Justice Stephanie Burgos delivered the opinion of the Court: We granted certiorari in this case to determine:
1. Did Congress have the power not specifically given in the Constitution?
2. Did the state government have the right to refuse a national government law?
After careful review and consideration, we …show more content…

So for example, if there is pollution in all of the water in the United States and all water is contaminated, Congress would have the right to be able to make a national water filter for the whole country just because it is “necessary and proper” for all of America. So, in this case, Congress can make the law of creating a national bank for the better of America to be able to carry out its (Congress) functions like collecting taxes and dealing with the

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