McCulloch vs. Maryland
One of the most famous supreme court cases of all time took place in Maryland in 1818. The case was between James W. McCulloch vs. the state of Maryland. This was around the time that the big and small state plans were being determined and national and state laws were blurry in how much power each of them had. This case has to do with the powers of the national and state governments. It was the case that also had to do with the necessary and proper clause, and stated that national government has power of state and local governments. The whole case began because of problems with a National Bank. In 1798, treasury secretary Alexander Hamilton chartered the United States first National Bank. However, the Republican congress had let the charter run out in 1811. In 1816 President Madison realized that had been a mistake, and convinced congress to charter a second bank. The charter was granted even though the bank was not a very popular institution. James W. McCulloch was the manager of the bank's branch office in Baltimore, Maryland. This was just one of 18 branches around the country. In 1818, the state of Maryland imposed an annual tax of $15,000 on the bank in an attempt to get rid of it. In Maryland, Mcculloch refused to pay. He
This expands the National Government's powers very much. A lot of lawsuits ensued, with the bank calling the tax unconstitutional and the state calling the bank illegal. said that the bank was controlled by the national government and the state was trying to tax it as if it were a state-chartered institution. The court used this case to set forth the basic idea of nationalism, and the supremacy of the federal government. On the subject of the Maryland Tax, the court quickly struck it down. It says that Congress has the power to make all laws that are necessary and proper for carrying out the power granted by the Constitution to the federal government. The decision was based on two principles: first, the federal government's powers do not come from the states, they come directly from the people; and second, a constitution can only be an outline and must be adaptable to changing circumstances and cannot be expected to cover all incidents by itself. The issue went far beyond the bank to exactly what congress's powers were. So the question came down to whether congress is limited to exercising only those powers that have been expressly granted to it by the Constitution's creators. I agree with the Nationalist Position in interpreting this case. said that the supreme court had made the constitution supreme over all the states. By doing this, the court restated the principle that the state constitutions, and state laws, do not control federal laws or the constitution. The National Government was made by the people, for the people so I think it should be supreme over all local and state governments in the United States.
Common topics in this essay:
Maryland Mcculloch,
Maryland Tax,
National Government,
James McCulloch,
Congress Clause,
Baltimore Maryland,
President Madison,
National Supremacy,
Bank Republican,
national government,
National Bank,
powers national,
government power,
laws proper carrying,
power tax,
proper clause,
constitution court,
implied powers,
local governments,
congress charter,
powers national government,
national government power,
federal law,
|
Acceptance Essays
