ipl-logo

Why Is Muculloch Vs Maryland Important

1477 Words6 Pages

Muculloch V Maryland was a significant court decision because it established a new principle. The Landmark court decision had shown the importance of the Supreme court and how the Supreme court choose to interpret an existing law. The Bank during the time period is depository of federal funds. States saw the bank as having a privileged position in which they were having resentment. When State banks began to fall into the depression in 1818 they decided to blame the troubles they were having on the bank. State of Maryland decided to impose a tax to exempt every bank in Maryland expect the Bank of the US. James Muculloch was the cashier of the Baltimore branch. When the bank’s Baltimore branch refused to pay the tax,Maryland sued James Muculloch.The Bank’s Baltimore branch refused to pay the annual tax of $15,000 in top of this was a $500 penalty for any state that violated the statute. McCulloch was convicted by a Maryland court of violating the tax statute because he refused to pay and was fined $2,500. 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 …show more content…

“The power to tax involves the power to destroy.” (Gabers pg.131) . Despite that taxation can be destructive and be excess this would be considered an abuse in power. Our government has a balanced system and an abused power would not be part of government. Muculloch V Maryland made people question if they were able to trust their only nation and also to be able to give the nation more power than the state and to trust other states. In order for a proper government one state should have the trust in another. A functional society is one trust is

Show More
Related

  • Mccreary County V. ACLU Case Study

    1108 Words  | 5 Pages

    McCreary County v. ACLU (2005) Pinson, 4 McCreary County v. ACLU Asher Pinson Liberty High School AP US Government, 2A McCreary County v. ACLU was a significant case for the Establishment Clause, freedom of religion, and the First Amendment itself. This case made its way into the Supreme Court in the later part of 2004, and a decision was reached in the middle of 2005. This case extended the power of the Establishment Clause to prohibit the public display of religious texts in government-funded buildings.

    Read More

  • Why Is Mcculloch Vs Maryland Important

    839 Words  | 4 Pages

    Their act of taxation was a obviously a ploy for money and a way to get back at the national bank for slowing down the states banks business. I would have ruled that Congress has the power to open a national bank wherever they please and that they avoid all taxation as it is the nations bank (Pearson

    Read More

  • Essay On How Did The Constitution Guard Against Tyranny

    639 Words  | 3 Pages

    One is the central government for the political authority that governs an entire nation. The other is the state government which is for the people who live in that specific state. These two governments consequently gave double security for the rights of the people. “The different governments will each control each other, at the same time, control itself.”

    Read More

  • Supreme Court Case Of Dartmouth College V. Woodward In 1819

    442 Words  | 2 Pages

    Maryland. In 1816, to manage war debt and inflation, Congress chartered a branch of the U.S. bank in Baltimore, Maryland. In February 1818, Maryland targeted the second Bank of the U.S. by passing a law that directly taxed any bank that was not chartered by the state. James W. McCulloch, head of the Baltimore branch refused to pay the tax imposed on them by the state and thus resulting in Maryland suing the Bank.

    Read More

  • Summary Of Marbury Vs Monroe Case

    940 Words  | 4 Pages

    The Court’s decision declared that Marbury had a legal right to his commission. They also declared that Jefferson violated the law by having Marbury’s commission

    Read More

  • Mcculloch V. Maryland

    236 Words  | 1 Pages

    The significance of this triad is that Dartmouth, McColloch, and Gibbons are three landmark Supreme Court cases decided by Chief Justice John Marshall that affected the interpretation of the Constitution and the federal government’s powers. Dartmouth College v. Woodward was decided in 1819 and found that the Contract Clause of the U.S. Constitution which says no State shall make any law impairing the obligation of contracts was good law. It separated public and private charters and created the American business corporation and the free enterprise system. McCulloch v. Maryland was decided in 1819 and allowed the Federal government to pass laws not expressly provided for in the Constitution’s list of enumerated powers. It further developed the

    Read More

  • Fugitive Slave Case: Ableman V. Booth, 62 US

    536 Words  | 3 Pages

    According to the Tenth Amendment of the constitution, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. There have been moments in history where Congress has implemented laws that states felt were unconstitutional. The Constitution gave states the ability to counter the federal government’s power through the Judiciary branch of government, when they feel a law is unconstitutional. The Founders of our nation gave Congress enumerated powers to pass legislation that needs to be abided by all states and citizens. At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers.

    Read More

  • War Of 1812 Dbq Essay

    1597 Words  | 7 Pages

    Thomas Jefferson argued that as the nation evolves, so must the constitution in order to remain efficient (Document G). Jefferson furthers his argument by declaring that the constitution must only change through amendments; loose interpretation is still not acceptable (Document G). By doing so, Jefferson reaffirms the Mcculloch vs. Maryland court case that was ruled by John Marshall, a Federalist, that the constitution must be flexible and be allowed to breathe. However, Jefferson’s argument for amendments over loose interpretation is idealistic at best. As noted in his Louisiana Purchase with Napoleon in 1803, Jefferson tried his hand at amendments and realized that it

    Read More

  • How Did John Marshall Impact On American History

    646 Words  | 3 Pages

    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

    Read More

  • Marbury Vs Madison Case Summary

    556 Words  | 3 Pages

    In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

    Read More

  • Frederick Douglass Rhetorical Analysis Essay

    665 Words  | 3 Pages

    As stated in the argument, “He loved Maryland, its waters, its fertile fields in Talbot county its fishing grounds and everything in it except

    Read More

  • Brady V. Maryland Argumentative Essay

    390 Words  | 2 Pages

    The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.

    Read More

  • Power Of The Federal Government In The 19th Century

    674 Words  | 3 Pages

    The Supreme Court case McCulloch v Maryland originally originated in Maryland when the Maryland legislature decided to levy a tax on all branches of the banks. It was aimed to destroy the Baltimore branch of the Bank of the United States. James McCulloch was a cashier at the Baltimore branch. He was issuing bank notes without complying with the Maryland law. Maryland had sued McCulloch for refusing to pay the taxes under the Maryland statute.

    Read More

  • Examples Of Cooperative Federalism

    1177 Words  | 5 Pages

    Then the state of Maryland sue him in a state court, the state argued using the 10 amendment, that since the power isn't given to the federal government or prohibited from the states, it is “reserved” to the states. The court ruled that since the power to create a national bank isn't explicitly delighted in the constitution, it is unconstitutional, therefore the state of Maryland has the power to tax the national bank. The bank was found unconstitutional. Ultimately the case was appealed to the supreme court. A few arguments given consisting of: the branches are doing their job and no rules are being broken, the power is in the constitution are to be interpreted and expanded and it's strongest argument, the national bank is necessary and proper for the general well being.

    Read More

  • Why The Judicial Branch Is The Most Powerful

    478 Words  | 2 Pages

    Madison court case that took place in 1803. The law that was declared by the Supreme Court at this hearing was that a court has the power to declare an act of Congress void if it goes against the Constitution. This case took place because President John Adams had appointed William Marbury as justice of the peace in the District of Columbia, and the new president, Thomas Jefferson, did not agree with this decision. William Marbury was not appointed by the normal regulation, which was that the Secretary of State, James Madison, needed to make a notice of the appointment. James Madison did not follow through and make a notice of Marbury’s appointment; therefore, he sued James Madison, which was where the Supreme Court came in place.

    Read More

More about Why Is Muculloch Vs Maryland Important

Open Document