SUPREME COURT CASE
1
Supreme Court Case
Joman Koujane
Chamberlain University
Political Science
Professor Hunter
November 30, 2022
SUPREME COURT CASE
2
Name of the Supreme Court Case and Date: McCulloch v. Maryland (1819)
Summary of the Facts and Issues of the Case:
In the state of Maryland, a levy must now be paid to the state government by all
banks that are not state-chartered. The law stipulated that these banks could only issue
currency on a state-issued stamp paper in order to comply with its requirements. The
statute outlined not just the mandatory fee but also the consequences for failing to make
payment.
In 1816, the Second Bank of the United States was created following a statute that
Congress passed. James W. McCulloch, the cashier at the Bank of the United States
branch in Baltimore, issued bank notes even though doing so, was against the law in the
state. McCulloch challenged the legality of the Maryland Act, which stated that he was
responsible for paying back taxes to the state (Crosskey, 1995). McCulloch filed an appeal
against the state court’s decision, which upheld Maryland’s position.
Constitutional Question(s) Raised in the Case:
1.
Is it possible that the Constitution allows Congress to incorporate a
bank even though this power is not expressly listed?
2.
Does the Constitution permit Maryland to levy taxes on a federal
agency?
The rationale of the Supreme &RXUW Decision in the Majority/Concurring
Opinion(s):
When Justice John Marshall was questioned about the Second Bank’s
constitutionality, he said it was the same as the First Bank. He agreed with the ruling that
the Lessee court made in the Case of Martin v. Hunter, which stated that the erosion of state
sovereignty by the United States Constitution was the consequence of the people’s desire as
opposed to the actions of individual states (Killenbeck, 2019). It was not necessary, in his
SUPREME COURT CASE
3
opinion, to depend on a constitutional provision that had anything to do with banking.
Marshall’s finding placed significant weight on the Necessary and Proper Clause. He
disagreed with the state’s stance that this article might be used to legitimize only those
actions that were “necessary” to the state’s exercise of expressly granted authority.
However, he disagreed with that view. Marshall reasoned that the clause should be
understood as expanding Congressional jurisdiction and given a more expansive meaning
because it was not specified among the constraints on that authority. This would allow for a
more considerable reading of the clause. As a consequence of this, he construed the word
“necessary” to mean any activity that must be made in order to achieve the goals that were
outlined in the authority that was given. In addition, Marshall concluded that applying the
tax to the Second Bank was unlawful.
The rationale of the Dissenting Opinion(s) in the Supreme &RXUW Decision (if any):
None
The decision of the Supreme Court:
1. The Necessary and Proper clause of the Constitution gives Congress the power to
establish banks when it deems it to be “necessary and proper” (Article I, Section 8).
According to the authorities granted to Congress by the Constitution, the state of
Maryland does not have the authority to levy taxes on organizations created by Congress.
Relevance of the Case to the Constitution and Constitutional Law:
In order for Congress to properly exercise the powers that have been granted to it, it
can pass laws that are both necessary and appropriate. State laws cannot contradict federal
legislation passed within the Constitution’s jurisdiction since the Constitution is the highest
law that may be applied in the United States (Greenberg & Page, 2018).
SUPREME COURT CASE
4
References
Crosskey, W. W. (1955). John Marshall and the Constitution. U. Chi. L. Rev., 23, 377.
Greenberg, E. S & Page, B. I. (2018). The Struggle for Democracy, 2018 Elections, and
Updates Edition. (12th ed.). Pearson.
Killenbeck, M. R. (2019). All Banks in like Manner Taxed-Maryland and the Second Bank
of the United States. J. Sup. Ct. Hist., 44, 7.

Purchase answer to see full
attachment