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…
US
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
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
Whitney v. California Tylisia Crews September 22, 2015 Facts The parties of the Whitney v. California case was against petitioner Charlotte Anita Whitney and respondent, the state of California’s Criminal Syndicalism Act of California. It was argued on October 6th, 1925 and was decided on May 16th, 1927. The state of California filed a lawsuit against Whitney when they found out she was accused of helping begin the Communist Labor Party of America, a party that advocated violence to get a political change. Whitney was found guilty even though the constitution was the defendant’s defense.
However, according to Document 1, “Any statement might interfere with the armed forces, incite disloyalty, or obstruct recruiting to the Army became a punishable offense.” So the Espionage Act was passed to punish anyone who conveyed information intended to interfere with the armed forces. The next year, the Sedition Act was passed to make harsh punishments against anyone who spoke false information that interfered with war. When the Espionage Act was made a law, according to Document 2, “Charles T. Schenck was convicted of violating the act by printing and distributing to draftees leaflets that urged them to resist the draft.” One argument used by the U.S. Supreme Court to uphold Charles T. Schenck was, “When a nation is at war many things which might be said in time of peace are such a hindrance to its efforts that their utterance will not be endured so long as men fight...
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
The War of 1812 and the urge that the War Hawks had to declare war on Britain caused social, political, and geographical changes between the years 1812 to 1815. The War Hawks were a group of pro-war Jeffersonian Republicans. Since the War Hawks were pro-war, they strongly advised Congress to declare war on Britain in 1812. It has been proven that when the time came to vote, most states voted in support of war. Most people voted in support of the war because of the War Hawks.
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
To interpreters, the clause grants the Congress every power that is implied but not explicitly stated. Congressman Alex Hamilton first used the Necessary and Proper clause to defend the establishment of The First Bank of the United States in 1791. In McCulloch vs. Maryland, in 1819, the Supreme Court ruled that the state of Maryland was subordinate to the Federal government and concurred with Congress that the Necessary and Proper clause enabled congress to act as long as it wasn’t forbidden by the Constitution. Although Congress wasn't given the power to establish anything related to a National Bank, it stretched the Elastic Clause to incorporate it. The Constitution created a balanced government that would thrive to become a strong central government, as time demanded the elastic clause to be interpreted in a different
Since it’s very beginning the United States has been a nation founded on the principles of life, liberty, and the pursuit of happiness. Yet, a system of segregation existed in the states that denied these basic principles to the African American population. So organizations such as Student Nonviolent Coordinating Committee (SNCC) were created in order to combat this inequality. Yet, as the civil rights movement changed so too did SNCC; transforming itself from a local grass-roots project to an organized nation-wide project.
During the time of the Holocaust, many human rights were violated. Elie Wiesel was a survivor of the holocaust, and has written the book titled Night describing what life was like for him and others during the harsh time. His book has become very popular because is shows awareness of how bad the times were. Wiesel says, “The SS officers were doing the selection: the weak to the left; those who walked well, to the right.” (Page 96)
According to Schenck v United States Supreme Court Decision, The Supreme Court says, “The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” This quote means that if the Congress and government decides something someone says is dangerous, then they have every right to remove or prevent that person from doing so. When Charles Schenck said negative things towards the Selective Service Act, it endangered the citizens who were already fighting in the war, because if new recruits decided not to cooperate with the draft, then no one would help protect non-fighting American citizens with the current
William Paterson In Philadelphia, Pennsylvania the Constitutional Convention concluded with 38 of the 41 delegates signing the United States Constitution. Among those 38 men was William Paterson of New Jersey. William Paterson came to America from Ireland when he was just years old. His father did well in manufacturing and selling tin goods which allowed William a good education in private schools. He entered the College of New Jersey which is now Princeton at the age of 14.
The Implied Powers of Congress The Necessary and Proper Clause grants the Congressional power to execute all its foregoing power and any other power that is vested by the constitutional framework of the U.S. government (Mann and Roberts 76). As claimed by Stephens and Scheb, the infamous McCulloh v. Maryland case remains pivotal in this realm as it grew out as a potential source of conflict involving the state and national authorities in the realm of fiscal policies in 1819 (Stephens and Scheb 95). The case was as a result of a conflict over the establishment of a national depository. As such, the Maryland State raised questions that bordered on the legitimacy of the Congress in establishing the bank since banking was not placed on the congressional
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.
However, this was not the only smaller law that was under the act that brought a wave of controversy among the public. For instance, the law saw critical perspectives as if they were seditious or treasonable (Cottrel, 2003). This further frustrated the public because they were now not entitled to their own opinions without being called traitors to the country that they live in. Moreover, the public was now being censored of their own ideals which were regarding the war that not only had a direct impact on them, but also impacted the country as a whole on several levels. These levels ranged from very minimal to the level that became a threat to national security.
This event aligns with the creation of The Espionage Act of 1917 and the Sedition Act made in 1918. The purpose of these laws was to forbid "spying and interfering with the draft but also "false statements" that might impede military success", as well as any ' 'statements intended to cast "contempt, scorn or disrepute" on the "form of government" or that advocated interference with the war effort" (Voices of Freedom 119). As a result, American citizens expressing their disapproval in any form regarding the war would be arrested and punished by these