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
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(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
On September 4, 1958, Dollree Mapp’s was convicted in the Cuyahoga County Ohio Court of Common Pleas (Mapp v. Ohio - 367 U.S. 643 (1961)). On March 29, 1961, Dollree Mapp v. Ohio was brought before the Supreme Court of the United States after an incident with local Ohio law enforcement and a search of Dollree Mapp 's home (Mapp v. Ohio 367 U.S. 643 (1961)). In the Bill of Rights, the Fourth Amendment protects and prohibits all persons from unreasonable searches and seizures. However, can evidence obtained through a search that was in violation of a person’s Fourth Amendment rights still be admitted in a state criminal proceeding? This is the issue that will be thoroughly examined in the landmark case of Dollree Mapp v. the State of Ohio (henceforth
The case came to the Supreme Court as the infamous Federal versus State battle for power. Once again the question plagued Marshall whether to support Federalism, or keep States’ rights alive.
In order to secure the protection of the people’s rights of freedom from the imprisonment of tyranny, a compound government was formed. Central and State government came together to form the compound government, which in other words means federalism. It is one of the many elements that make up the protection of freedom from tyranny, “Hence a double security arises to the rights of the people.” (Madison FP # 51) The states combined covered our need of protection, protection of the countries by the Central government and protection of the people by the States government. Also by joining themselves together, “The different governments will control each other, at the same time that each will be controlled by itself.” (Madison FP # 51)
guilty of reckless disregard for the economic interests of the citizens of the United States. The national bank only benefitted the wealthy. Jackson vetoing the National Bank and Taney’s agreement to moving federal funds to the
among the nation's founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free to create laws, and state court systems were needed to hear cases in which violations of those laws occurred. Today, however, state courts do not hear cases involving alleged violations of federal law, nor do federal courts involve themselves in deciding issues of state law unless there is a conflict between local or state statues and federal constitutional guarantees. When that happens, claimed violations of federal due process guarantees especially those found in the Bill of Rights.
Despite the downfall of the Federalist Party in the early nineteenth century, John Marshall continued to exert a strong Federalist influence on the government, which acted as a catalyst to ignite political controversy. In the McCullough vs. Maryland trial of 1819, Marshall deemed Maryland taxing the second bank of the United States as being unconstitutional, which gave even more power to the central government. (Doc D) Majority of the American population was against his ruling and refuted it because many people believed that having a strong central government was bad because if a bad decision was made, it would have affected the entire union, whereas if there was a strong state government, a bad decision would have just hurt the state. However, this was not the only time where the economy had failed in the early 1800’s. In 1816, John Randolph addressed congress and stated that it was unjust to tax the poo...
The Second Bank of the United States was a corporation controlled by Congress to ensure a national paper currency, and manage government's banking. Similar to Thomas Jefferson, Jackson believed such a bank to be dangerous and corrupt. In 1832, he vetoed a bill to extend the Bank's charter beyond its scheduled expiration in 1836. Jackson's veto mess...
In the summer of 1832 and Congress renewed the Bank’s charter even though it wasn’t due until 1836. Jackson hesitated to approve of the charter, so Henry Clay and Nicholas Biddle went on the offensive to attempt to persuade Jackson to pass the bill. Jackson, having had his opinion on the banks cemented by Clay’s presence in the organization, then committed to de-establishing the Second National Bank. He waged war against Biddle in particular to make sure Biddle lost power. He vetoed the bank bill, and after winning the race to be reelected, he closed Biddle’s bank. He ordered his Secretary of the Treasury to move money from the Second National Bank to smaller, state banks. When Congress returned from its summer recess, it censured him for his actions. In 1836, Bank of US was dead, and the new democratic-congressmen expunged Jackson’s censure. Because Jackson had no formal plan for managing the nation’s funds after the Second National Bank closed, it caused problems in Van Buren’s administration. He destroyed the Bank of the United States, in the main, for personal reasons. Jackson hated the bank before his presidency because as a wealthy land and slave owner he had lost money due to its fiscal policies. He believed that Congress had no right under the constitution to charter a
This theory stated that various individuals, in this case the states, joined together in a formal agreement of government. Since the states had drawn up the contract and given power to the federal government, it should be up to them to decide who received the power, not the body they created.This debate over interpretation thus sparked one of the first and major issues that eventually led to the Alien and Sedition Acts: should a strong central government be formed (federalist desire), or should the individual states have control. And wild attacks of the ensuing debate also ignited the second issue, public defamation, which led to the Sedition Act.
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
This is what our president and leader, Andrew Jackson, said regarding the Second Bank of the United States. I believe this is an insult to all people, rich and poor. He hath violated indeed violated the separation of powers in his actions to destroy the Bank of the United States. He, and not I, sparked the Bank War with his criticism. With great urging from fellow member Henry Clay, I applied for the Bank’s re-charter in January of 1832. As many know, this was four years the original charter was supposed to expire. With our second charter, the goal was to make President Jackson look unwise in his decisions and unpopular during election year in 1837. But behold! The President vetoed the bill. And what could I do? Nothing! Our plan of blackening Andrew Jackson’s name failed, as he was reelected again, beating Clay, whom I had supported greatly through the Bank.
In Federalist No. 10, James Madison stresses that “measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.” Madison philosophized that a large republic, composed of numerous factions capable of competing with each other and the majority must exist in order to avoid tyranny of majority rule.# When Federalist No. 10 was published, the concept of pluralism was not widely used. However, the political theory that is the foundation for United States government was the influential force behind pluralism and its doctrines.
According to the Federalists in the early stages of the American republic, a strong central government was necessary to provide uniform supervision to the states thus aiding in the preservation of the Union. This necessity for a more organized central government was a result of the ineffectiveness of the Article of Confederation’s government that was without a unifying government body. One component of this philosophy was the creation of an executive and other federal branche...
These early Supreme Court decisions have made a lasting impression on the United States. Marbury v. Madison established the concept of judicial review that strengthened the ability of the judcicary to act as a check against the legislative and executive branches by providing for the review of Congressional acts by the judiciary to determine the constitutionality of such acts. McCulloch v. Maryland allowed for the expansion of Congress’ implied powers needed to execute its delegated powers as well as defined the supremacy of constitutionally enacted federal entities over state statutes.