Mc Culloch Vs. Maryland Essay

1511 words - 6 pages

McCulloch vs. Maryland

John Marshall was a prominent figure in the history of the United
States as the man who helped shape the Supreme Court to the power it
is today. His decisions strengthened the power of the federal
government in period of growth for our new nation and established a
greater purpose for the Supreme Court.

Born September 24, 1755 in Virginia, he went on to attend the college
of William and Marry, which became his only formal education. Early in
the revolutionary war, he served under the Third Virginia Continental
Regiment, rising through the ranks to lieutenant and captain. After
the war, he settled back in Virginia to become a lawyer. He became
active in the Virginia House of delegates and also the leader of the
Federalists party there, rivaling Thomas Jefferson. In 1797, Adams
sent him to France with two others for negotiations, which erupted
into the XYZ affair. He became known for his steadfastness in refusing
to pay bribes. In 1799, he is elected into the House of
Representatives and the following year, Adams appoints him as
Secretary of State. Before Adams term is over in 1801, he appoints
Marshall as one of the "midnight judges," where Marshall becomes Chief
Justice beginning his reign and contributions to the court.

One of Marshall's major rulings came with McCulloch vs. Maryland. The
basis of the case comes from when Maryland tries to tax a branch of
the Bank of the United States in an attempt to drive them out.
Specifically, Maryland forced a 15,000 annual tax on the bank notes.
McCulloch, the cashier of the Baltimore branch, refused to pay the tax
and Maryland filed suit against him. The Baltimore County Court
convicted McCulloch and fined him 2500. McCulloch then appealed, but
the Maryland Court of Appeals upheld the decision of the former court.
Finally, he appealed to the Supreme Court and the case was brought
before Marshall and the justices.

In the case, Marshall begins by using three reasons to support the
notion that Congress is given power to establish the Bank of the
United States. First, he states the supremacy of the government based
on the social contract between the government and people. Secondly, he
states, "Among the enumerated powers, we do not find that of
establishing a bank or creating a corporation. But there is no phrase
in the instrument which, like the articles of confederation, excludes
incidental or implied powers; and which requires that everything
granted shall be expressly and minutely described"and that "Although,
among the enumerated powers of government, we do not find the word
"bank" or "incorporation," we find the great powers, to lay and
collect taxes; to borrow money; to regulate commerce . . . But it may
with great reason be contended, that a government, entrusted with such
ample powers . . . must...

Find Another Essay On McCulloch vs. Maryland

Short summaries on select important Supreme Court Cases

595 words - 2 pages the Judiciary Act of 1789 on which Marbury tried to base his appeal on was unconstitutional. Marshall came out with the principle of "judicial review". This principle had the idea that the Supreme Court alone had the last word on the question of constitutionality.2)McCulloch v. Maryland (1819) - This suit involved an attempt by the state of Maryland to destroy a branch of the Bank of the United States by imposing tax on its notes. John Marshall

10th Ammendment Essay

1310 words - 5 pages would be nullified.John Marshall who was a Supreme Court chief justice wasn't too fond of the idea of states' rights. Marshall had mostly federalist views and his main role while being a chief justice was to strengthen the power of the National Government. His most known cases for trying to cut down states' rights were McCulloch vs. Maryland and Gibbons vs. Ogden.In the 1819 case of McCulloch vs. Maryland Marshall was responsible for settling the

Jacksonian Democracy Dbq

601 words - 2 pages "Bank War." As shown in Jackson's veto message (Doc. B), Jackson claimed that by vetoing the bill to recharter the bank, he was looking after the economic equality of all United States citizens. Jackson believed that the bank was monopolistic, therefore unconstitutional, even though the bank was declared constitutional in the Supreme Court ruling of the McCulloch vs. Maryland case in 1819. This monopoly would favor the wealthy citizens and be

The Reign of Bush-Obama and their Power

1777 words - 8 pages carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public. Its nature, therefore, requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves. (McCulloch V. Maryland) Basically, this 1819 court case

Influential factors to the growth of Nationalism from 1776 to 1824.

935 words - 4 pages . Woodward, where the state of New Hampshire wanted to alter the colonial charter of Dartmouth College so it would change into a public one college. It was then ruled by Chief Justice John Marshall that charters could not be changed without the consent of both parties. It was also ruled that corporations licensed by states are protected from states’ attempts to regulate them. In the case of McCulloch vs. Maryland, where the extremely important

Comparing Strict and Broad Constructionism

929 words - 4 pages his decision was set forth in The Federalist. As for the case of McCulloch vs. Maryland, gave implied powers in the hands of the national government and laid down principles limiting the rights of states. Dartmouth College vs. Woodward, also exhibited Federalists' ideologies, by declaring that the charter of Dartmouth (a private corporation) was a contract and inviolable by state authority. However, like the Republicans, Federalists strayed from

The first five presidents of the united states.

725 words - 3 pages military. James Madison formulated the Three- Fifths compromise answering the question on how enslaved black would be counted towards the population, the Hartfordconvention to increase New England's power by calling for constitutional amendments. Monroe presented the Missouri Compromise to bring Missouri in to the union as a slavestate. Under his presidency the McCulloch vs. Maryland trial established that the federal government has powers that go

The Battle With Biddle

1137 words - 5 pages property long after the property prices had recovered adequately to cover any losses. Jackson felt the bank was participating in real estate assumption, and felt there should be a time limit on how long the bank could keep a piece of property from the market. Last, Jackson requested that the bank pay local taxes on its branch properties at the same rate used in taxing the property of the state banks. In McCulloch vs. Maryland, the Supreme

Jacksonian DBQ

1150 words - 5 pages very clear in McCulloch vs. Maryland that the bank was constitutional. Jackson believed that preservation of the union preceded states rights. This was an unconstitutional view considering it was the states who had created the government. Therefore, if the government was overstepping it's boundaries the states could protest against the government's actions. The first amendment is violated in Document F when the U.S. Post office suppresses

US1 Midterm Veview

3221 words - 13 pages ? ~ No, it is unconstitutional Effects ? Supreme Court got Judicial Review ~ Ability to declare an act Unconstitutional McCulloch vs. Maryland ? Facts: Maryland heavily taxed Local branch on the Bank Of US hoping to tax it out. McCulloch Refused to pay tax Issue/Holding: Is it legal? No, by Maryland taxing It would give states the power to Overturn laws.Effects: Strengthened National Gov?t Control over Econmy Dartmouth College vs. Woodward ? Facts

Jacksonian democrats DBQ 1990. VERY detailed. To what EXTENT were the jacksonians guardians of the const...

1535 words - 6 pages States was that it was unconstitutional. However, John Marshall had made it very clear in McCulloch vs. Maryland that the bank was constitutional. Jackson believed that preservation of the union preceded states rights. This was an unconstitutional view considering it was the states who had created the government. Therefore, if the government was stepping it's rights the states could protest against the government's actions. The first amendment is

Similar Essays

Mc Culloch V. Maryland 1819 Essay

1832 words - 7 pages . 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

Mc Culloch V. Maryland Essay

766 words - 4 pages constitution. The state of Maryland didn't have enough power to tax the second bank. McCulloch gave congress broad discretionary power to implemented the enumerated powers. And it also repudiated in ringing language, the radical states rights and arguments present to Maryland. The Majority opinion of the supreme court voted that congress had powers under the Constitution of the 1st amendment eighth article. The supreme court stated that the state

This Essay Discusses How The Theme Of Nationalism Was More Prevalant Than Sectionalism During The Presidential Administrations Of Monroe And Adams.

1327 words - 5 pages would also be indirectly taxing people in other states. The court also said that the government had every right to establish a National Bank. The power of the federal government was re-asserted by the Supreme Court in this case, which increased nationalism, because the federal government governs the entire nation, opposed to a section or region of the nation. That is how the landmark Supreme Court case of McCulloch vs. Maryland contributed to

Nationalism After The War Of 1812 And Important Court Cases Of The Time.

565 words - 2 pages action by the Georgia Assembly had constituted a valid contract, which could not be broken regardless of the corruption. This was the very first time that a State law was voided because it went against the Constitution. Then, after the war of 1812 Marshall issued more decisions that strengthened the federal government and Federalist ideas. In the McCulloch vs. Maryland case, Marshall ruled that the state did not have the right to tax or regulate