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.
The <span>Kansas Nebraska act was supposedly going to settle the issue of "slavery" in the United States by leaving the decision up to "popular sovereignty". It ultimately failed, however. </span>
Sri Lankans speak the language of Tamil.
The answer is: However, formal written laws did not exist until the Roman Empire created the Twelve Tables law code around 450 BC
Critique is made as a counter point for the intial statement. The intial statement that neolithic period restrict individual freedoms. But the individual freedoms are only limited through the creation of law around 450 BC. Neoltihic period on the other hand started around 10,000 BC.
McCulloch v. Marshall stated that the Constitution did not explicitly give permission to create a federal bank, but it conferred upon Congress and implied power to do so under the Necessary and Proper Clause so that Congress could perform or fulfill its express taxing and spending powers.
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