Why Is Mcculloch Vs Maryland Important

2098 Words9 Pages

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.This is when McCulloch’s attorneys argued that the nation bank was a necessary and proper action that the government was taking in order to carry out the duties of the federal government. John Marshall wrote of the case saying that among the …show more content…

This Supreme Court case involved the argument of whether or not the government could restrict the 1st amendment or the freedom of speech of an individual if there is a clear and present danger to the country.Shortly after World War 1 began the government passed the espionage act, which made it illegal to say or distribute anything that was seen as harmful to the United States war effort.
Charles Schenck was the Secretary of the US socialist party.Schenk was strongly opposed to the military draft because he believed this was a violation of the 13th amendment, Schenck argued that underneath the newly adopted draft that the american people were being forced into involuntary servitude or as he viewed it slavery.
While he was Secretary of the socialist party they printed out about 15,000 pamphlets that would be passed out to people that were drafted,these pamphlets told the newly drafted soldiers that they needed to not participate and resist the military that underneath the constitution this is wrong and violates the thirteenth amendment.Schenck arrested for not following the espionage

Open Document