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McCulloch v. Maryland

The Supreme Court ruled that Congress had the power to incorporate the Second Bank of the United States and that Maryland could not tax the Baltimore branch. The Court found that Congress had the implied power to create the bank under the Necessary and Proper Clause as a means to carry out its enumerated powers. The Court also ruled that a state cannot tax federal institutions as the bank represented all Americans, not just the citizens of Maryland.

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Julian Serrano
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83 views7 pages

McCulloch v. Maryland

The Supreme Court ruled that Congress had the power to incorporate the Second Bank of the United States and that Maryland could not tax the Baltimore branch. The Court found that Congress had the implied power to create the bank under the Necessary and Proper Clause as a means to carry out its enumerated powers. The Court also ruled that a state cannot tax federal institutions as the bank represented all Americans, not just the citizens of Maryland.

Uploaded by

Julian Serrano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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MCCULLOCH V.

MARYLAND
JULIÁN SERRANO G.
13/02/2018
McCulloch v. Maryland

Background / Facts
■ 1816 – Congress passes an act to incorporate the Second Bank of the United States
in Philadelphia, Pennsylvania
■ 1817 – The bank opens a second branch in Baltimore, Maryland
■ 1818 – The General Assembly of Maryland passes an “An act to impose a tax on all
banks, or branches thereof, in the State of Maryland, not chartered by the
legislature”
McCulloch v. Maryland

James W. McCulloch
■ Cashier of the Baltimore branch of the Second Bank of the United States
■ He refuses to pay a tax on the bank; files a lawsuit against the State of
Maryland
■ State Courts uphold Maryland’s stance; case goes to the Supreme Court
McCulloch v. Maryland

Legal Issues
■ Did Congress have the power to incorporate the (nationally chartered)
Second Bank of the United States?
■ Does a state have the constitutional power to tax a nationally chartered
bank?
McCulloch v. Maryland

Arguments
■ 1. The First Bank of the United States (1791-1811) as authority for the
constitutionality of the Second Bank.
■ 2. The people are sovereign, not the states.
■ 3. Congressional powers don’t have to be explicitly enumerated in the
constitution.
■ 4. The necessary and proper clause (Art. I Sec. 8).
■ 5. Supremacy of the Constitution and federal law over state law (when
conflicting).
McCulloch v. Maryland

Decision // Rationale
1. Can Congress create a bank?
■ Yes, Congress has the power to pass all laws “necessary
and proper” to carry out its delegated powers in Article I,
Section 8 of the Constitution.
■ The creation of the bank provides the means to carry out
these powers.
McCulloch v. Maryland

Decision // Rationale
2. Can a state tax the bank?
■ No, the states can only tax their people and their property.
■ The Second Bank of the United States is an instrument of
the U.S. government.
– Representing all of the people of the United States.

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