Mc Culloch V. Maryland 1819 Essay

1832 words - 7 pages

“…It may with great reason be contended, that a government, entrusted with such ample powers…must also be entrusted with ample means for their execution. The power being given, it is the interest of the nation to facilitate its execution…” ("Landmark Cases of the U.S. Supreme Court") The Constitution of the United States gives Congress the powers to do things such as coin money, regulate trade, declare war, and establish post offices. Therefore, to trust the national government with such great powers means to trust them with how to execute them as well. Congress is also given enumerated powers, which are implied powers through the Constitution. If a specific power is not listed in the Constitution, it doesn’t necessarily mean that the power does not exist. The Necessary and Proper Clause listed in Article 1 Section 8 in the Constitution allows the national government to apply their enumerated powers. The Supremacy Clause written in Article VI gives the United States’ national government the power over state laws that conflict with a constitutional law. Then, the Judicial Branch has the right to declare the law unconstitutional, which is called Judicial Review. Enumerated powers, the Necessary and Proper Clause, the Supremacy Clause and Judicial Review were all major factors concerning the Supreme Court case McCulloch v. Maryland of 1819. The case of McCulloch v. Maryland presented two strong and straightforward questions: “Did Congress have the authority to establish the bank?” and “Did the Maryland law unconstitutionally interfere with congressional powers?” ("Oyez Project at IIT Chicago-Kent College of Law")
The case McCulloch v. Maryland appeared in Supreme Court in 1819, but it is possible for one to say it began in 1791 whenever the first Bank of the United States was created. The government hoped to establish the bank to store government funds and collect taxes. ("Landmark Cases of the U.S. Supreme Court") Many people were against a national bank because they questioned how much power should actually be in the hands of the government, especially when it involves their money. Therefore, the people were split with two options, either side with Alexander Hamilton who believed in a supreme national government and the establishment of the bank, or leaders like Thomas Jefferson who was a states’ rights advocate and favored a limited government with no power to establish a national bank. ("Landmark Cases of the U.S. Supreme Court") The United States’ Constitution had just been ratified in 1787 after achieving American independence from Great Britain in 1776. However, Great Britain had so much control over America before that that the people of the United States worried about the amount of national power given to the government of their new country after independence; the people did not want a setback. The first Bank of the United States failed and the third president of the United States, Thomas Jefferson, did not renew the bank’s charter during...

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