1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
Diano4ka-milaya [45]
3 years ago
14

What was part of the Supreme Court’s ruling in McCulloch v. Maryland

History
1 answer:
alisha [4.7K]3 years ago
3 0

Answer:

McCulloch v. Maryland (1819)

In McCulloch v. Maryland (1819) the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank. Arguably Chief Justice John Marshall's finest opinion, McCulloch not only gave Congress broad discretionary power to implement the enumerated powers, but also repudiated, in ringing language, the radical states' rights arguments presented by counsel for Maryland.

At issue in the case was the constitutionality of the act of Congress chartering the Second Bank of the United States (BUS) in 1816. Although the Bank was controlled by private stockholders, it was the depository of federal funds. In addition, it had the authority to issue notes that, along with the notes of states' banks, circulated as legal tender. In return for its privileged position, the Bank agreed to loan the federal government money in lieu of taxes. State banks looked on the BUS as a competitor and resented its privileged position. When state banks began to fail in the depression of 1818, they blamed their troubles on the Bank. One such state was Maryland, which imposed a hefty tax on "any bank not chartered within the state." The Bank of the United States was the only 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.S. Supreme Court, which reviewed the case in 1819.

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." The enumerated powers of Congress include the power to regulate interstate commerce, collect taxes, and borrow money. Said the Court famously, "let the ends be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adopted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional." In other words, because the creation of the Bank was appropriately related to Congress's legitimate power to tax, borrow, and regulate interstate commerce, the Bank was constitutional under the Necessary and Proper Clause.

Second, the Court ruled that Maryland lacked the power to tax the Bank because, pursuant to the Supremacy Clause of Article VI of the Constitution, the laws of the United States trump conflicting state laws. As Marshall put it, "the government of the Union, though limited in its powers, is supreme within its sphere of action, and its laws, when made in pursuance of the constitution, form the supreme law of the land." Because "the power to tax is the power to destroy," Maryland was unconstitutionally undermining the superior laws and institutions of the United States.

Finally, the Court held that the "sovereignty" (political authority) of the Union lies with the people of the United States, not with the individual states that comprise it. The United States, not a simple alliance of states, is a nation of "constitutional sovereignty" with its authority resting exclusively with "the people" who created and are governed by the Constitution. To the Court, "the government of the Union is a government of the people; it emanates from them; its powers are granted by them; and are to be exercised directly on them, and for their benefit." Maryland's tax, however, violated constitutional sovereignty because it acted as a levy against all the people in the United States by a state accountable to only some of the people.

Explanation:

You might be interested in
Using three or more sentences, summarize what it means to think at the margin.
koban [17]

Answer:

Thinking at the margin means thinking in the moment. It means not being held back by the mistakes or unfortunate events of the past. Simply speaking, living in the moment means appreciating the moment you have now as the next moment is not promised and the future is not completely certain, so worrying holds no real value. As well the past is unchangeable so to worry about it as well wastes precious present time. The present is all that matters as it is all that we can control.

Explanation:

Thinking at the margin means thinking in the moment. It means not being held back by the mistakes or unfortunate events of the past. Simply speaking, living in the moment means appreciating the moment you have now as the next moment is not promised and the future is not completely certain, so worrying holds no real value. As well the past is unchangeable so to worry about it as well wastes precious present time. The present is all that matters as it is all that we can control.

6 0
3 years ago
Charla is finding points on a number line. A number line going from negative 9 to positive 9. Point A is between negative 2 and
tatyana61 [14]
B. because that’s where it’s going
8 1
3 years ago
Read 2 more answers
Which of these fields was the "Lost Generation" associated with?
Evgesh-ka [11]

Answer:

Literature is the correct answer.

Explanation:

3 0
2 years ago
Ted is an incumbent member of the House of Representatives, facing a centrist challenger. He has approached a group of donors
saul85 [17]

Answer:

nstrumental variables for incumbents, but not for challengers. 6Intuitively, the greater the number of term-limited Democratic (Republican) representatives residing.

Explanation:

Hope this answer helps you :)

Have a great day

Mark brainliest

5 0
3 years ago
What signifies the period known as prehistory? A.. Language was fully evolved B. Writing was very elementary C. There was no for
Artyom0805 [142]
Out of the choices given, the one thing that signifies the period known as prehistory was there was no form of writing. The correct answer is C.
7 0
3 years ago
Read 2 more answers
Other questions:
  • The Missouri Compromise opened most of the Louisiana Purchase territory to slavery.?
    15·2 answers
  • What were the Ten Commandments
    8·1 answer
  • Description of New France in 1600s
    11·1 answer
  • What role did nationalism play in America's western expansion?
    6·1 answer
  • Help please-
    12·1 answer
  • What similarities are there between different versions of the Golden Rule?
    9·1 answer
  • Was our land claim of Oregon country justified? Explain why
    12·1 answer
  • Match the following items.
    5·1 answer
  • "Your hand is not paper"
    7·1 answer
  • Which sentence most clearly describes the genre of a story?
    6·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!