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The relationship between Federal Government and State Government
Chief justice marshall’s opinion in mcculloch v. maryland
Chief justice marshall’s opinion in mcculloch v. maryland
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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.
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.
The McCulloch v. Maryland all was a supreme court case originally questioned does Congress have the power under the constitution to incorporate a bank even though it isn't clearly said in constitution? The other argument was does the state of Maryland have the power to tax an institution created by congress? The reason for Maryland trying to sue McCulloch was because they wanted money and he wasn't following state law
Chief Justice John Marshall wrote the majority decision on March 6, 1819. The justices who voted in the decision were: Bushrod Washington, William Johnson, Henry B. Livingston, Thomas Todd, Gabriel Duvall, Joseph Story and John Marshall. The Supreme Court ruled that the government had the right to establish a federal bank in Maryland and the state did not have the power to tax the bank. Marshall ruled in favor of McCulloch stating that the Constitution gives the government power to create any law that is "necessary and proper". This is known as the necessary and proper clause, which allows Congress to have powers that are not enumerated in the Constitution.
Thus lead to the case of McCulloch v. Maryland on February 22, 1819 and was later decided on March 6th, 1819. This case was questioned using the Constitution and holding for unconstitutionally handling the bank. c. Opinion: The ruling for this particular case was under the Article I, Section
In 1819, Maryland attempted to hinder the operation of a specific branch of the Second Bank of the US, located in Baltimore, Maryland, by passing an act taxing it by 2%. James McCulloch, cashier at the bank, refuses to pay the tax. He and others believed it was unfair for only one bank in all of Maryland to be targeted by a tax. McCulloch v. Maryland goes all the way to Supreme Court. McCulloch’s lawyer is Daniel Webster, while Maryland’s attorney is Joseph Hopkinson.
In the McCulloch v. Maryland case, Congress stated how Maryland did not have the right nor the power to tax the second bank created, and Marylands tax was unconstitutional. Congress gained a little more power concerning States rights. In the Gibbons v. Ogden case widened the horizons for Congress and gave them more power. This case gave Congress the ability to control
Ogden, which was about New York requiring out-of-state boats to pay fees to go through there waters. A man named Thomas Gibbons who owned a steam boat that went through New Jersey and New York waters everyday challenged the States monopoly. The case eventually went to the Supreme Court where Chief Justice John Marshall said that those state laws weren't valid since it didn't work with the congressional act. The state of New York had created a law that allowed them to earn money, but the government didn't like the idea that the state was regulating its waters so they voided the law. In the case McCulloch v. Maryland, the state of Maryland placed a tax on the Second Bank of the United States.
These faults included overextended credit and improperly regulating money among the states. Furthermore, the hesitation of the First National Bank accompanied the Second National Bank. This hesitation was from the states, and their concern with how the National Bank would interfere with the states way of regulating money. The states argued using the 10th amendment that they have the right to regulate their own banks, since it is not stated in the Constitution that the United States had the power to regulate the banks within a state. Therefore Jackson questioned the validity of the bank and whether the bank was constitutional.
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”.
The article of confederations had many weaknesses, congress did not have enough power under the articles, the states had more power than national government, and the fear many people held of the national government having too much power. The constitution of 1787 was an attempt to resolve the weakness of the articles of confederation. James Madison was an important political thinker. He questioned sovereignty and limiting power. Madison’s answer was that power at all levels of government, was decided upon by the people, therefor the federal government and state government were both sovereign ( Brinkley, 165).
The overall construction of the Constitution designates that Congress may not direct State officials: “The Framers explicitly chose a Constitution that confers upon Congress the power to regulate individuals,not States.” It is the President's job, under the Constitution, to oversee execution of federal laws, but “The Brady Act effectively transfers this responsibility to thousands of CLEOs in the fifty States, who are left to implement the program without meaningful Presidential control”. However, Justice John Paul Stevens argued that the majority opinion misinterpreted Congress's power under the Constitution. Congress may not wrest the powers that the Constitution reserves to the States, but when it exploits its legitimate constitutional powers,
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.
Legislatures have very broad discretion to create and pass laws that prohibit, regulate, and encourage a wide variety of activities. In Article I, Section 8, ofthe U.S. Constitution, Congress is empowered to "make all Laws which shall be necessary and proper" for carrying out its enumerated powers. Most state legislatures are empowered by similar language from their state constitution. An example of a proper exercise of legislative discretion is to make Stalking a crime and to make that crime punishable by fines or imprisonment.
When the three branches of government were created a system of “check and balances” was built into the Constitution in order to keep one branch of government from becoming too large and too powerful. Actions that are taken by one branch of government affect the other branches, thereby introducing “oversight”. The intelligence community has both internal and external oversight. The internal oversight comes from the CIA Inspector General that is embedded within the intelligence community. The external oversight comes from both the executive and legislative branches of the government.
