Lecture: McCulloch v. Maryland

Introduction

• Speaker: L Money Mullik
• Case: McCulloch v. Maryland
• Significance: First required case with rulings on two issues

Background

• First National Bank:
  • Established in 1791 at the urging of Alexander Hamilton
  • Expired in 1811
• Second National Bank:
  • Signed into existence in 1816 by James Madison
• Controversy:
  • The U.S. Constitution's Article 1, Section 8 did not explicitly mention a National Bank.
  • Jefferson opposed the bank: If not stated in the Constitution, it's not allowed.
• State Taxes:
  • Some states, including Maryland, imposed taxes on National Bank branches.
  • McCulloch, a National Bank employee, refused to pay the Maryland tax.

Legal Issues

• Questions:
  1. Can Congress establish a National Bank?
  2. Can states tax the federal government?
• Supreme Court Decision:
  • Congress can establish a National Bank.
  • States cannot tax the federal government.

Implications

• Federal vs. State Power:
  • Victory for stronger federal government supporters.
  • Defeat for proponents of states' rights.
• Future of Federalism:
  • Expanded federal power.

Constitutional Basis

• Necessary and Proper Clause:
  • Grants Congress implied powers.
  • Not limited to enumerated powers.
  • Chief Justice John Marshall: "Legitimate and appropriate powers not prohibited are constitutional."
  • Implied powers not explicitly stated but supported by historical context (Articles of Confederation).
• Supremacy Clause (Article 6):
  • National government is superior to states.
  • States cannot impede federal execution of constitutional laws.
  • "The power to tax is the power to destroy."

Conclusion

• Outcome: McCulloch v. Maryland reinforced federal power over states.
• Speaker’s Final Notes:
  • Encouraged liking and subscribing for more content.
  • Mention of additional study aids and ultimate review packet available for students.