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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.
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Full transcript