McCulloch v. Maryland
17 U.S. (4 Wheat) 316 (1819)
Facts
A case concerning the necessary and proper clause of Article I §8 of the Constitution. In 1791 Alexander Hamilton, Secretary of the Treasury, persuaded President George Washington to sign a bill creating a Bank of the United States. Congress then passed the bill creating he First Bank of the United States and granted it a twenty-year charter. In 1811, the Republican Congress refused to renew the bank’s charter. In 1816, Congress created the Second Bank of the United States and granted it a twenty-year charter. The Supreme Court never decided if the First Bank was constitutional. In response to allegations of fraud and embezzlement of the Baltimore branch bank, and the involvement of…show more content… While the Constitution does not enumerate the power of establishing a bank, it does include the powers to lay and collect taxes, borrow money, and regulate commerce. Many enumerated powers of Congress would be useless if las that congress could be pass were limited.
2. Maryland cannot tax the bank without violating the Constitution.
3. The act to incorporate the bank of the United States is constitutional.
Concurrences/Dissents
None.
Analysis
This case set the precedent that Congress can exercise many powers that are not named in the Constitution but implied in it. Seems to be another case where Justice Marshal expands the powers of the government where a political question is at issue. This should be expected thought since Justice Marshall is a federalist.
Justice Marshall’s opinions continue to amaze me because he continues to find ways of balancing political questions with the powers of the federal government. These opinions would not be possible today by any means since the Court has more legitimacy and power then it did during Justice Marshall’s tenure and the Court has become much more politicized. It would be interesting to consider how this decision would be if this case were taken up by the Court
