McCulloch v. Maryland Analysis

Lakukan tugas rumah & ujian kamu dengan baik sekarang menggunakan Quizwiz!

Facts (Who did what, and how the case ended up in court)

James McCulloch refused to pay the tax the state of Maryland imposed on the bank's Baltimore branch and "The supreme court found that congress had the power to charter a national bank and the state of Maryland could not tax that bank."

Decision (Who won)

The court ruled that congress has the right to create a bank because it's necessary for Congress to carry out its enumerated powers but the state could not tax an institution of the national government because laws of congress surpass those of state governments.

Impact of the Case (Why the precedent is important)

The precedent is important because the national government (congress) can exercise powers not specifically listed in the Constitution to assist in carrying out its enumerated powers and states do not have the power to tax federal banks carrying out their enumerated powers.

Year decided?

1819

Majority Decision Reasoning (explanation of why the majority of justices reached this decision)

Chief Justice Marshall pointed out that although there is no mention of banks or incorporation in the Constitution, the great powers (congress) can collect and lay taxes, borrow money, and regulate commerce to keep the country going. The people have not given any state the power that congress has.

Dissenting Opinion Reasoning (explanation of why the dissenting judges disagree with the Majority)

There was no dissenting opinion because the decision was voted unanimously 7-0.

Issue (In the form of a question, the legal question the Supreme Court is asked to resolve. Often whether or not an action or law violates a specific clause in the Constitution)

There were 2 issues: 1. Does congress have the authority to charter a bank? 2. Can a state tax the bank if congress has the authority to charter a bank?


Set pelajaran terkait

Test Review. Module 1. Advanced Med Surg.

View Set

Critical Thinking and Logic - C168: Question Set #1

View Set

Fundamentals; Chapter 6, 7, 8,9,31, 10,28, 29,

View Set

Chapter 12-20 Art Quiz Questions

View Set

Contracts & Sales--2.0 Fall 2020

View Set

Hemodynamic Disorders [Robbins and Cotran Review of Pathology (4E) CH4/Rubins Illustrated Pathology Review (2E) CH7] Question bank

View Set