Comstock Majority Opinion, U. Comstock Dissent, Download the McCulloch v. Maryland at the Oyez Project Activity It was and the United States had been a nation under the Constitution for barely a generation when an important case about federal power reached the Court. Questions What happened to bring McCulloch v.
Maryland to the Supreme Court? Read Article I, Section 8 link above and underline the express powers of Congress that might be dependent on the operation of a bank.
Can Congress effectively carry out its powers without establishing a national bank? How did the Supreme Court rule? To what extent did the ruling in McCulloch v. One such state was Maryland, which imposed a hefty tax on "any bank not chartered within the state.
When the Bank's Baltimore branch refused to pay the tax, Maryland sued James McCulloch, cashier of the branch, for collection of the debt. McCulloch responded that the tax was unconstitutional. A state court ruled for Maryland, and the court of appeals affirmed.
McCulloch appealed to the U. Supreme Court, which reviewed the case in In a unanimous opinion written by Chief Justice Marshall, the Court ruled that the Bank of the United States was constitutional and that the Maryland tax was unconstitutional. Concerning the power of Congress to charter a bank, the Court turned to the Necessary and Proper Clause of Article I, Section 8, which expressly grants Congress the power to pass laws "necessary and proper" for the execution of its "enumerated powers.
Maryland Maryland , by David S. Schwartz, Oxford University Press , But if you see something that doesn't look right, click here to contact us! Subscribe for fascinating stories connecting the past to the present. Marbury v. Madison was a landmark U. Supreme Court decision that established for the first time that federal courts had the power to overturn an act of Congress on the ground that it violated the U.
One of the original 13 colonies, Maryland lies at the center of the Eastern Seaboard, amid the great commercial and population complex that stretches from Maine to Virginia. Its small size belies the great diversity of its landscapes and ways of life that they foster, from the Roe v. Wade was a landmark legal decision issued on January 22, , in which the U. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States.
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