PoliSci8 McCulloch v Maryland
What constitutional evidence supports the above claim?
"Constitution...supreme law of the land"
"the power to tax involves the power to...
...destroy"
What two points does Marshall provide to refute the above argument?
1. Clause is placed among the powers of Congress, not the limitation on those powers 2. To enlarge not diminish the powers vested in the Gov't
Why should only the "great outlines" of government be set forth in a Constitution?
A Constitution would scarcely be embraced by the human mind because of the detail.
Why is Maryland's argument that its legislature is supreme problematic? (Hint: who does MD's government represent? Who does MD's government NOT represent?)
All are represented in the Legislature of the Union.
How does Marshall define "necessary", as it relates to the necessary and proper clause?
Employing any means calculated to produce the end, not confined to a single mean.
What particular act of Congress did the states find issue with? Why?
Formation of the National Bank
According to Maryland's argument, from where does the Constitution emanate? What difference does it make if the Constitution emanates from the people or from the states?
From Sovereign and Independent States
What is Marshall's "first question"?
Has Congress the power to incorporate a bank?
What action did the state of Maryland take that led to this lawsuit?
Maryland's legislature levied a tax on all banks not chartered by the state.
What was the intended purpose of the 10th Amendment? Why doesn't the 10th Amendment preclude implied powers, such as the creation of a national bank?
Only the powers not delegated to the U.S or prohibited to the states are reserved to the states' or the people
Pay close attention to the "axiom" and "corollaries" Marshall discusses.
Read!
What proposition can "command the universal assent of mankind"?
The Gov't of the Union Supreme within its sphere of action
What evidence does Marshall provide to buttress his claim that the Constitution is founded on the people, not the states? (hint: what did the people and the states do during the process of ratification?)
The instrument was submitted to the people who assembled a Convention...where the Constitution derives its whole authority
Why was the passage of this law not a "bold and plain usurpation" according to Marshall? (hints - think of 1) the history of the legislation and its preceding law and 2) what happened when the first law expired?)
The original act was permitted to expire, the law was irreconcilable with the Constitution
Which parts of the Constitution does Marshall use to defend the proposition that a national bank is consistent with Congress' implied powers?
To lay and collect taxes/Borrow Money/Regulate Commerce/Declare and Conduct War/Raise and Support Armies and Navies
What is Marshall's second major question in the case?
Whether the state of Maryland may, without violating the Constitution, tax that branch?
What are these three corollaries?
a. A power to create implies a power to preserve b. A power to destroy, if wielded by a different hand, is hostile and incompatible with these powers to create and preserve c. Where this repugnancy exists, that authority which is extreme must control, not yield to that over which it is supreme
