McCulloch vs. Maryland
1. During the 1800's, when the nation was newly formed, the country was unsure as to how much power should the federal government attain. Some people believed that it should have limited power, only the ones listed in the constitution. These were the views of the strict constructionist. The loose constructionist, on the other hand thought, that the national government could have the powers not specifically written in the Constitution. In 1819, a very important Supreme Court case, McCulloch vs. Maryland, helped resolve this problem.2. This case was between the state of Maryland and James McCulloch, who worked at the state bank, which was located in Maryland. Maryland, who thought that the power of the national government was growing, did not want any national banks on its premises, thus it tried to get rid of it by asking the bank to a pay a tax of $15,000 each year. James refused the unbelievable offer, replying that it was perfectly legal to have a national bank in Maryland. The state of Maryland took James to the court saying it ha
McCulloch finally appealed to the Supreme Court of the United States. The minority, in this case the State of Maryland, had stated that initiating a national bank is unconstitutional. It helped eradicate the question of how much power did the national government possessed. McCulloch's lawyer stated that there are many things not specifically stated in the Constitution but are nonetheless extremely important for the Congress to do, including the establishment of a national bank. The Maryland Court of Appeals agreed with the lower court's decision. Since the government was still in its infancy there was a great amount of dispute on how much power should the national government possess. They also stated that the Constitution did not give Congress the power to create a national bank. I think the decision of John Marshall was correct. The section of the Constitution used by the majority to arrive at its decision was Article I, Section 8, Clause 18. The lawyers of Maryland had stated that since the national bank was on Maryland's property it had to pay a tax. The time period that this case was fought in, 1800's, had an influential effect on the outcome of the case. John Marshall, the Chief Justice of Supreme Court, made the decision in the favor of the national government. It upset many strict constructionists, who did not want the national government to play a big part. It said that it had the power to tax any and all businesses on its property. The country was divided between the strict constructionist and the loose constructionist.
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