This Supreme Court Case addressed the issue of Federal power and commerce. Show In the landmark Supreme Court case McCulloch v. Maryland, Chief Justice John Marshall handed down one of his most important decisions regarding the expansion of Federal power. This case involved the power of Congress to charter a bank, which sparked the even broader issue of the division of powers between state and the Federal Government. In 1816 Congress established the Second National Bank to help control the amount of unregulated currency issued by state banks. Many states questioned the constitutionality of the national bank, and Maryland set a precedent by requiring taxes on all banks not chartered by the state. In 1818 the State of Maryland approved legislation to impose taxes on the Second National Bank chartered by Congress. James W. McCulloch, a Federal cashier at the Baltimore branch of the U.S. bank, refused to pay the taxes imposed by the state. Maryland filed a suit against McCulloch in an effort to collect the taxes. The Supreme Court, however, decided that the chartering of a bank was an implied power of the Constitution, under the “elastic clause,” which granted Congress the authority to “make all laws which shall be necessary and proper for carrying into execution” the work of the Federal Government. This case presented a major issue that challenged the Constitution: Does the Federal Government hold sovereign power over states? The proceedings posed two questions: Does the Constitution give Congress power to create a bank? And could individual states ban or tax the bank? The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy." What constitutional clause is used in McCulloch v Maryland?In McCulloch v. Maryland (1819) the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank.
What did the Supreme Court say in McCulloch v Maryland about Congress power?In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers.
What amendment does McCulloch v Maryland deal with?The 10th Amendment stated, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Maryland won its case in the state courts, but the bank appealed to the U.S. Supreme Court.
How was the supremacy clause used in McCulloch v Maryland?In McCulloch, Chief Justice John Marshall wrote that the supremacy clause unequivocally states that the “Constitution, and the Laws of the United States … shall be the supreme Law of the Land.”
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Which clause of the United States Constitution did the Supreme Court interpret in McCulloch v Maryland allowing Congress to create a national bank?
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