Mcculloch Vs. Maryland: Case Study

Caroline Vukicevich

McCulloch v. Maryland (1819) Constitutional Question: Does the State of Maryland have the power, under Article 1 Section 8 Clauses 1 and 18, to impose taxes on an institution created by Congress? Does Congress have the power under Article 1 Section 8 of the Constitution to establish a bank?

Background Information: In 1816, Congress established a National Bank of the United States. In the same year, the State of Maryland imposed taxes on all banks of which were owned by the state. The lawsuit was filed when James McCulloch, an employee of a branch of the bank, refused to pay the tax. The State of Maryland filed a lawsuit on McCulloch stating that Maryland has the authority to impose taxes on any business in it’s state.

Allowing students to object to reciting the prayer did not make it constitutional. The court decided that the nondenominational aspect of the prayer did not make it Constitutional either. The law was in fact in violation of the 1st Amendment of the Constitution.

Baker v. Carr (1962) Constitutional Question: Did the Supreme Court have jurisdiction, under the “equal protection” clause of the 14th Amendment, over questions of legislative appointment? Background Information: Charles Baker, a resident of Tennessee, sued Joe Carr, who was the Secretary of State of Tennessee. This case involved a 1901 law, which was created to assign the seats for the states legislature. Urban areas had rapid population growth, and Baker felt that the law made Tennessee underrepresented. Baker asserted that this law of 1901 violated the “equal protection” clause of the 14th Amendment of the Constitution. Opinion: The court ruled that the national courts do have the authority to determine the Constitutionality of an appointment made in the Legislative Branch. Justice William J. Brennan Jr. wrote the opinion that this case did not prevent judicial review because it did not bring up a “political question.” It did not bring up an issue to be discussed by a different government branch. This was a separation of powers