Mcculloch Vs. Maryland: Compare And Contrast Essay

It was determined that “the Congress of the United States is granted for certain implied powers by the Constitution that are implemented in order to ensure for the proper function of the Federal Government. "3In relevance to the states, it was determined that “States cannot impose on the powers granted by the Constitution to the Federal Government by any action. "3 In the case of McCulloch vs Maryland,this included the act of imposing a state bank tax on a national bank. Federalism This case tells us that the relationship between federal and state government is limited.

Maryland wanted to collect the unpaid taxes. When brought to trial Maryland won. Mcculloch appealed to the US supreme court in 1819. “The United States attorney general,William Wirt,also argued on behalf

McCulloch then appealed to the Maryland Court of appeals and was still found guilty. Lastly, McCulloch appealed to SCOTUS. Arguments Heard by the Court: McCulloch: This side mainly argued that making a national bank is not stated in the U.S. Constitution, but it is an implied power. But the main argument that was used by Daniel Weber is that if Maryland was able to tax the bank, Maryland would take abuse.

During the United States history, there have been events that have impacted the course and development of politics, becoming part of what is currently, and the McCulloch v. Maryland case has been one of the most influential events in the economic area. In addition, I believe that the courage that McCulloch had to refuse to pay the taxes imposed by Maryland was an elemental key part to continue with the processes of the growth of the United States National Bank and the regulation of the coin produced by the state banks; bringing at the end a financial balance. Furthermore, in a deeper insight, it promoted the analysis of the power of the Congress and the Constitution, because at the beginning the Constitution was taken as a literal explanation

This is evident in document A, where it shows you a Venn diagram of which powers are given to the states and which powers are given to the federal government. For one thing, this shows how “a double security arises to the rights of the people”, which means that when the power is distributed between the states and the federal government, neither is able to gain absolute power over the country. Federalism also comes in handy by specifying what the states get to control and what the national government gets to control, which is meant to prevent conflict between the two powers. For example, the task of declaring war is meant for the national government only. If that wasn’t specified, there would likely be a lot of cases where states declared war, and the national government had to clean up the mess.

John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John

Maryland passed this law to tax the federal bank. McCulloch, the President of the bank refused to pay the tax. The State of Maryland sued McCulloch, and the Supreme Court accepted the case. In the opinion written by Chief Justice Marshall, the Court ruled that the Bank of the United States was constitutional and that the Maryland tax was not. The Supreme Court said that the Bank of the United States has every right due to the Necessary and Proper Clause of Article I, Section 8 which stated that Congress can pass laws that they consider “necessary and proper”.

Throughout history federalism has gone through several substantial changes, such as the boundaries and balances between the state and national government. Due to this we have experienced several different era’s of federalism from the original “dual-federalism” to the “new federalism” and just about everything else in between. Dual-federalism also known as divided sovereignty was a optimistic belief that federal and state government could exist if their was a clear division between authority. The problem with this is that there was a clever mechanism in the constitution that reserved a powers clause in favor of the national government. Such cases held in Marshall court favored the national government “McCulloch v. Maryland(1819)”, “Gibbons

In 1803, the Marbury v. Madison case was brought before the Supreme Court. The plaintiff was Federalist William Marbury and, through the principle of judicial review, he wanted the Court to issue a writ of mandamus so that he can receive official documents from the Secretary of State. Marbury claimed that it was unconstitutional for Madison to withhold the commission, but James Madison was under orders from the president, who could ignore court decisions. This case helped solidate the Supreme Court’s position and power as a branch of government equal to the Legislative and Executive branches.

One of these rough patches was the Articles of Confederation, which taught us that a balance of power is of great importance. We abandoned the Articles of Confederation and adopted a new Constitution because of State powers, and lack of Congressional powers. The fear of a Central Government like Great Britain led The United States away from having such a strong Central Government. So the States were given autonomy to make most decisions & have many powers under early American Government.

Federalism breaks apart the powers given to the central (Federal) government and those powers given to the states. As seen in document A1, a source from James Madison from Federalist Paper #51, 1788; Madison states, “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among distinct and separate departments.” This idea from Madison is the idea of the division of power between the Federal Government and State Governments. Federalism provides a “Double security,” that protects the rights of the citizens of the United States of America. As the governments will be controlled by itself, the separate governments will also control each other.

This was the first error the delegates at the Constitutional Convention hoped to fix with the Constitution. In JAmes MAdison’s Federalist Paper #51, he explains that the power the people of the nation grants its government be divided into two separate government's, meaning state and federal, to ensure a “double security” on the people’s rights. This idea was referred to as federalism (Doc A). This division of power was set up in a way that both governments had specific powers that the other had no control over, which prevented either one form gaining all power. Tyranny was further prevented by both state and central governments sharing some powers, keeping each other in

McCulloch v. Maryland McCulloch v. Maryland is a United States supreme court case that was decided on March 6, 1819.This supreme court case very important in that it was related to how much power the government would have. The federal government used the necessary and proper clause to indicate that it was right and just for them to create a national bank. The state of Maryland imposed a tax 15,000/year on the national bank,which cashier James McCulloch of the Baltimore branch refused to pay. The argument for Maryland was that it was a sovereign state and had the authority to impose a tax any business within its state lines.

“The accumulation of all powers… in the same hands, whether one, a few, or many… may be justly pronounced the very definition of tyranny. ”-James Madison. Fifty-five delegates, from the thirteen states, met in Philadelphia in May of 1787 to discuss and revise the Articles of Confederation. The chief executive and the representatives worked to create a frame for what is now our Constitution. The Constitution guarded against tyranny in four ways; Federalism that creates a State and Federal government, Separation of Powers that gives equal power to the three branches, Checks and Balances that create balance in the three branches by checking each other and being checked and the Small States vs the Big States ensures an equal voice for all states no matter what their size.