McCulloch V. Maryland
No Description
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
MCCULLOCH V. MARYLAND
THE CASE
- Argued: February 22, 1819
- Decided: March 6, 1819
- Prosecution: State of Maryland
- Defendant: James McCulloch
THE ARGUMENT
- Second Bank of the US
- Maryland imposed a tax on all banks not chartered in the state
- James W. McCulloch, a Federal cashier, refused to pay the tax
THE DECISION
- Court sided with McCulloch
- Congress did have he power to create a bank (elastic clause)
- Maryland did not have the power to tax the bank
THE CHANGE
- Two great constitutional principles:
- (1)The Court asserted the supremacy of the Federal Constitution over the State
- (2)The national government has certain implied powers that go beyond its enumerated powers.
