Case Study: Mcculloch V. Maryland 1819

explanatory Essay
1284 words
1284 words

Case Study: McCulloch v. Maryland (1819) Donald Clayton Budge Course: Government 2305/977 Professor: Mr. Moses Omane-Boateng Semester: Spring 2016 Date: March 18th 2016 INTRODUCTION The case of McCulloch v. Maryland (1819). Involved Congress developing the Second Bank of the United States of America. The Second Bank was to serve the common purpose of any bank, issuing and receiving money from citizens. But when the bank opened a branch in Baltimore, Maryland, legislators in Maryland became uncomfortable with this development because the federal government had not asked for permission to open the bank, and it was competing with other banks established by the state. Consequently, the state legislature of Maryland passed a law taxing all banks in Maryland that were not chartered by the state. Since the Second Bank of the United States of America was the only bank with that situation, everyone recognized that this was essentially a direct tax on the Second Bank. The director of the Second Bank's Baltimore Branch, James William McCulloch, refused to pay the tax. As a result, the state of Maryland sued, taking the case to the Maryland Court. The Maryland judges upheld the Maryland law, saying that the Constitution of the United States did not grant the federal government the power to establish the bank in …show more content…

In this essay, the author

  • States that john james brought suit on behalf of himself and the state of maryland against defendant. he claimed the defendant had failed to pay a state tax assessed against the bank.
  • Describes the 17 u.s. (4 wheat.) 316, 4 l. ed. 579, and 1819 us lexis 320.
  • Explains that the court of appeals of the state of maryland erred in affirming the baltimore county court's judgment against james w. mcculloch.
  • Analyzes how marshall disregarded the 10th amendment's provision of states rights, arguing that it did not include the same terminology as the articles of confederation, which was replaced by the constitution.
  • Explains bill of rights institute: landmark supreme court cases – mcculloch v. maryland (1819).
  • Explains that mcculloch v. maryland. in wikipedia, the free encyclopedia.
  • Explains the case of mcculloch v. maryland, which involved congress developing the second bank of the united states of america.
  • Explains that congress passed the act to incorporate subscribers to the bank of the united states in april of 1816. the bank went into operation in philadelphia, pennsylvania, and opened a branch in baltimore, maryland.
  • Explains that james mcculloch refused to pay a tax imposed upon the bank of the united states by the state of maryland.
  • Explains that maryland introduced a tax on all banks operating in maryland not chartered by the state. the second bank of the united states was established pursuant to an 1816 act of congress.

(Bill of Rights Institute: Landmark Supreme Court Cases – McCulloch v. Maryland (1819)) Compact theory also argues that the federal government is made up of the states where the states maintain superiority. Unlike Marshall, his successor, Roger B. Taney, established Dual federalism, where separate but equal branches of government were believed to be a better option. (McCulloch v. Maryland. (2016, March

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