McCulloch v Maryland

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14 Terms

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In what year did Congress Charter the second bank of the United States?

1816

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How did Baltimore, Maryland react to the Federal Bank wanting to branch out to MD?

They were angry and thought it to be a big mistake.

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How did Maryland react to the National Bank in its borders?

The MD state legislature passed a law saying that any bank in MD which wasn’t chartered by MD would be subject to a tax of $15,000 a year.

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Who was the cashier of the Baltimore branch of the national bank that refused to pay the tax?

James McCulloch

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What was the Constitutional Principle at stake with this case?

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What were the arguments of this case?

Maryland argued that the establishment of a national bank was unconstitutional ( because nowhere in Article I Section 8 did it say that Congress had the power to create a bank)

McCulloch’s lawyers argued that the bank was Constitutional under the necessary and proper clause ( Article I Section 8 )

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implied powers

powers that aren’t named but they are implied

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What was the decision of this case?

There was a unanimous [6-0] in favor of McCulloch, and Chief Justice John Marshall argued that the bank was constitutional on account of the authority of the necessary and proper clause.

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If a power isn’t prohibited by the Constituion and the law in question upholds the spirit of the constitution..

Then it stands

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This case established:

The supremacy of national laws over state laws

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According to this case, if a state law is in conflict with a federal law…

federal law wins

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Why does this decision matter?

It matters mostly because of what it demonstrated about federalism.

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federalism

the balance of power between the federal government and the states

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