McCullough v. Maryland: Defining Federalism

Feb 26, 2025

McCullough v. Maryland and Federalism

Background

  • Federalism: Concept where federal and state governments share power. Can lead to disputes when powers aren't clearly defined.
  • Early Dispute: Whether state governments could tax the federal government was a contentious issue.

Historical Context

  • Bank of the United States:
    • Central debate at the nation's founding.
    • Alexander Hamilton: Supported a national bank to control finances.
    • Thomas Jefferson & James Madison: Opposed it, citing no constitutional authority.
    • 1791: First National Bank chartered in Philadelphia.
    • 1811: Bank's charter not renewed by Congress and President Madison.

McCullough v. Maryland Case

  • 1816: Second National Bank created to manage War of 1812 debts.
  • Bank located in Maryland.
  • Democratic-Republican Party in Maryland attempted to tax the bank.
  • James McCullough: Federal bank cashier refused to pay the tax.

Legal Questions

  • Could states tax the federal government?
  • Was the national bank's establishment constitutional?

Supreme Court Ruling

  • Decision: Unanimous in favor of federal government.
  • Chief Justice John Marshall:
    • Cited the Necessary and Proper Clause: Congress can make laws deemed necessary and proper.
    • Powers of the bank related to Article 1, Section 8 of the Constitution.
    • Supremacy Clause: Federal law is superior to state law.
    • "The power to tax involves the power to destroy."
  • Outcome: Federal government had precedence, and Maryland could not tax the federal bank.

Impact and Significance

  • Defined federalism in the U.S., enhancing federal power.
  • Relevant for contemporary issues like healthcare, marijuana legalization, immigration, and others.

Additional Resources

  • Homework Help series for more court case insights.