*McCulloch+v.+Maryland

2/2


 * McCulloch v. Maryland (1819)**

GOOD 5/5
 * Summary:** After the War of 1812, inflation rose and the economy was suffering, so Congress instituted a NEW national bank to help stabilize the economic situation. In 1816, the Second Bank of Congress was instituted in every state alongside existing state banks and began to draw away their business. Many non-federal banks failed, and in 1819, Maryland began taxing all non-state banking transactions. James W. McCulloch, a Federal clerk at the Baltimore branch of the national bank, refused to pay the taxes, and Maryland sued to collect them. The Maryland State Court and Court of Appeals both ordered McCulloch to pay the taxes, but he appealed their decisions to the Supreme Court.


 * Constitutional/Legal Issue:** The issue in this case was whether or not the state of Maryland had power over a federal bank. The defense's argument was that the Elastic Clause of the Constitution gave Congress the power to create a national bank and the Supremacy Clause made the bank's authority superior to the state's. This would make it unconstitutional for Maryland to tax a federal bank. The prosecution stated that so long as the bank was in Maryland, the state had the authority to tax all business transactions, whether they were federal or not. 5/5


 * Decision:** The Supreme Court voted, 9-0, that the state of Maryland had no right to tax a federal bank. Citing the Elastic Clause as proof that Congress could create a national bank and the Supremacy Clause to show that the bank was above the state's authority, the court ruled unanimously in favor of James McCulloch. 5/5


 * Significance:** McCulloch vs. Maryland gave Congress a broader role in governing the nation HOW? This case also reinforced that the Supremecy Clause STATES THAT FEDERAL LAW overrides a state's law.The McCulloch ITALICS case also gave the Supreme Court a good opportunity to identify how much power Congress should ultimately have. 4/5



** McCulloch v. Maryland (1819) ** Gunther, G. (2007). McCulloch v. Maryland. //The Columbia electronic encyclopedia//. Retrieved (2009, November 21) from http://www.infoplease.com/ce6/history/A0830864.html

(n.d.). //Mcculloch v. maryland 1819//. Retrieved from http://www.ourdocuments.gov/doc.php?flash=old&doc=21

McBride, A. (2006, December). //Mcculloch v. maryland (1819)//. Retrieved from http://www.pbs.org/wnet/supremecourt/antebellum/landmark_mcculloch.html

(n.d.). //Mcculloch v. maryland (1819)//. Retrieved from http://www.landmarkcases.org/mcculloch/background3.html

Fontana, G. (Photographer). (2009). //James mcculloch// [Web]. Retrieved from http://www.portalestoria.net/AUSTRALIA%2520VICTORIA.htm&usg=__EqJUrBcJ9HQfYwoD5RG_lADFbWE=&h=294&w=200&sz=13&hl=en&start=19&um=1&tbnid=xlPrUkA4bcMB-M:&tbnh=115&tbnw=78&prev=/images%3Fq%3DJames%2BMcCulloch%26hl%3Den%26sa%3DN%26um%3D1

Shaw, E. (2009, November 21). //Mcculloch v. maryland//. Retrieved from http://www.enotes.com/supreme-court-drama/

(Photographer). (n.d.). //John marshall// [Web]. Retrieved from http://www.knowledgerush.com/wiki_image/e/ee/JohnMarshall.jpg

2/2

24/25 = 96% (A)

GOOD WORK - YOU GOT RIGHT TO THE POINT!