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Mcculloch v. maryland ap gov
Supremacy clause coming up in a conflict between state & federal law
Mcculloch v. maryland ap gov
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Objective
My Objective in studying the case of McCulloch v. Maryland was to learn how the implied powers granted by the U.S. Constitution came to be known.
Introduction
McCulloch v. Maryland was an 1819 case in which the state of Maryland filed a lawsuit against James W. McCulloch for refusing to pay taxes imposed on banks not chartered by the state of Maryland. The case eventually went to the Supreme Court where a landmark decision was made regarding the powers granted by the U.S. Constitution. The Chief justice presiding over the case was John Marshall with Associate Justices Washington, Johnson, Livingston, Todd, Duvall, and Story.
Main Idea
Background
In 1816 the U.S. Congress passed an act that established the Second National Bank of the
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Maryland was delivered by the Chief Justice John Marshall. Chief Justice Marshall spoke for a unanimous court (7-0) that rejected the defendant’s argument. The decision was based on Maryland’s assertion that since the U.S. Constitution was ratified by the states, the states were sovereign. Marshall denied the claim and stated that since the U.S. Constitution was a tool of the people and not of the states, the federal government reigned supreme over the states. He said “…the Government of the Union, though limited in its powers, is supreme within its sphere of action….”. The court also agreed with McCulloch that the U.S. Constitution was intended to serve as an outline of ideals easily understood by the public and open to interpretation. Chief Justice Marshall went on to declare that the “necessary and proper” clause granted the Congress the powers need to carry out its duty. In conclusion, Chief Justice Marshall wrote “Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
Maryland 's main arguments were as follows: 1) they had the right to regulate businesses and taxes within their state 2) the Federal government regulated state banks so why couldn’t a state regulate a Federal bank 3) the Constitution gives the Federal government no authority to set up a bank, and therefore it was unconstitutional. On the other side, McCullough 's arguments were: 1) Congress had deemed the creation of a national bank as necessary and proper as a way to conduct financial operations 2) the Constitution is only a framework and not all national operations that may arise could have been listened 3) the federal government is supreme over the state government, and therefore Maryland has no right to question the Second Bank of the United States. In the end, John Marshall gave his verdict in favor of McCulloch and the federal government. In his explanation, he said because of Article I, Section 8 Congress could indeed do whatever they felt was necessary under the “Elastic Clause”. Also, Marshall referred to the Supremacy Clause when he said “As long as the national government behaved in accordance with the Constitution, it’s policies took precedence over state policies”. Finally, Marshall laid out the groundwork for the “implied powers”, which are the powers of the government which have not been explicitly granted by the Constitution.
John Adams, the previous Federalist president, lost the Election of 1800 to Thomas Jefferson, a Democratic-Republican. Before Jefferson took office, Adams decided to appoint as many Federalists into the Supreme court as he could, including William Marbury, all of whom needed to be commissioned in order to be officially sworn in. However, Jefferson took office before the commissions could be handed out, and he ordered his Secretary of State, James Madison, to not deliver the commissions. Marbury proceeded to ask Marshall for a writ of mandamus (found in Section 13 of the Judiciary Act), forcing Madison to issue the commissions. This dispute between Marbury and Madison sparks the famous case. The dilemma here is the differences in interpretation. Some viewed Section 13 as unconstitutional, as it added power to the Judicial Branch, disrupting checks and balances. Others saw that “Marbury had been duly appointed…[and] the writ of mandamus [was] to be an appropriate legal remedy for resolving Marbury’s dilemma”(Clinton 86). Marshall wanted to issue the...
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Certain things became apparent to Marshall. The Constitution did give the federal government complete control over the nation’s commerce. (Article 1, Section 8, Clause 3) Also, the Federal Law, according to the Constitution, was the supreme law of the land. (Article 6, Clause 2) Marshall, a Federalist, had always supported a strong central government. However, issues were arising in other parts of the country that would make him consider any decision he made further.
Lincoln justified his action via the suspension clause, claiming that Congress was in recess and therefore could not fulfill its duty at the time. The Constitution itself specifically references habeas corpus and acknowledges that it can be suspended “in cases of rebellion,” however, as Chief Justice Roger Taney asserted in the ruling of Ex parte Merryman (1861), the writ of habeas corpus falls exclusively in the hands of Congress in Section 9 of Article 1“without the slightest reference to the executive branch.” Additionally, Article 6 provides all persons accused the “right to a speedy and public trial by impartial jury of the state.” Both provisions, Justice Taney stated, are in “language too clear to be misunderstood by anyone.” The ruling concluded by declaring that President Lincoln’s actions in suspending habeas corpus in Maryland were unconstitutional as he did so without proper congressional authorization. According to the U.S. Circuit Court of Appeals in Maryland, Lincoln had overstepped his appropriate executive authority as
The Constitution, however, does not specifically prohibit Congress from establishing a bank. The Marshall court found that the creation of a national bank would affect the welfare of the nation; therefore, the Constitutionality of creating the bank was legitimate. The power comes from the “necessary and proper” clause, which is listed under the powers of Congress, not its limits, in Article I section 9. Justice Marshall shows how the word “necessary” may have different meanings depending on the context of the sentence and by the intention of the person using the word. In Article I section 10 the phrase “absolutely necessary” is applied with stronger meaning regarding imports or exports, and is different than the word “necessary” used alone in this case, which was intended to mean indispensable by the framers of the Constitution.
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
The United States government in 1816 chartered the Second Bank of the United States. It had a 20-year charter, which was to expire in 1836. Despite this, the Bank was privately owned and during the age of Jackson, the president was Nicholas Biddle. The Bank was large in comparison to other banks, being responsible for 15-20% of bank loans in the United States and accounting for 40% of the bank notes in circulation. Also, the Bank held a specie reserve of 50% of the value of its notes, when normally other banks only had a specie reserve of 10-25% (Davis 1).
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Federal supremacy was also finally solidified by this case. New York said that the Federal Coasting license that Thomas Gibbons had was useless in New York waters. Thus this sets-up the great issue of the day state gov't v. federal gov't. But as New York and the rest of the United States finally gets into it's head that the Constitution is the law of the land and that in Article IV, it states that "federal laws supersedes state laws"
When I began reading the USCGA I expected a new approach to learning about the laws that formed our system of government. I didn’t anticipate thoroughly enjoying the clever side notes and illustrations, while adding to my knowledge that was formed during U.S History and Government classes in high school. Hennessy and McConnell succeeded in furnishing a new medium for constitutional schooling. That is especially useful as an introduction to the United States founding
Despite the downfall of the Federalist Party in the early nineteenth century, John Marshall continued to exert a strong Federalist influence on the government, which acted as a catalyst to ignite political controversy. In the McCullough vs. Maryland trial of 1819, Marshall deemed Maryland taxing the second bank of the United States as being unconstitutional, which gave even more power to the central government. (Doc D) Majority of the American population was against his ruling and refuted it because many people believed that having a strong central government was bad because if a bad decision was made, it would have affected the entire union, whereas if there was a strong state government, a bad decision would have just hurt the state. However, this was not the only time where the economy had failed in the early 1800’s. In 1816, John Randolph addressed congress and stated that it was unjust to tax the poo...
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...