Con Law 203 Briefing of McCulloch V Maryland
.docx
School
CUNY John Jay College of Criminal Justice**We aren't endorsed by this school
Course
LAW 203
Subject
Law
Date
Jan 5, 2025
Pages
2
Uploaded by BaronBoulder15967
AbdurRaheem AliProfessor Collins2-23-2024Con Law 203 McCulloch V Maryland (1819)FactsThe United States Congress incorporated the Federal Bank of the U.S through a legislative act. In 1816, congress chartered the Second Bank of the United States. In 1818, Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Issue1.Did Congress have the authority to establish the bank?2.Did the Maryland law unconstitutionally interfere with congressional powers?HoldingUnanimous decision for McCulloch (6-1)The court held that Maryland might not impose a tax on the instruments of the national government employed in the execution of constitutional powers and that Congress had the power to charter the second bank of the United States under the Necessary and Proper Clause.(Supremacy Clause - Makes federal laws supreme to state laws, and thus prohibits states from enacting laws contrary to federal law.)
Legal ReasoningUnder the Necessary and Proper Clause (Article 1, Section 8) Chief Justice Marshall noted that Congress possessed powers not explicitly highlighted within the U.S Constitution. The Chief Justice also held that while states retained the power of taxation, the Constitution and the laws made in pursuance thereof are supreme and cannot be controlled by the states.