Ap Government and Politics
AP Government and Politics Summer Assignment
McCulloch v. Maryland (1819) (1) Constitutional Question:
Does the Congress of the United States have the power, under Article I, Section 8, of the Constitution; have the authority to constitute a national bank even though that power is not explicitly enumerated within the Constitution? Did Article VI’s National Supremacy Clause forbid State taxes on federal doings or was the Maryland tax law statutory?
Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but are not explicitly enumerated in the Constitution.
Article VI, Clause 2 (National Supremacy Clause) – The Federal Government, in expressing any of the powers enumerated in the Constitution, must prevail over any contradictory or shifting state exercise of power. (2) Background Information:
Throughout the early years of the State, the power of the Federal Government had continued to grow. By the 1820’s, cases opposing supporters of States’ rights against those arguing for the sovereignty of the National Government came quite frequently before the Court. By the late 1810’s, monetary solidity had become an issue of national concern. While Jefferson was President, the First Bank’s charter had not been renewed. Following the War of 1812, President Madison determined that the country was in need of the services of a national bank so it could fulfill its powers listed in Article 1, Section 8, Clause 18 of the Constitution. So in 1816, Congress permitted a charter to the Second Bank of the United States and gave $35 million, which was one-fifth of its total capital, to the bank. Many government officials, local bankers, and farmers hated the bank, which they viewed as a symbol of the power and privilege of national wealthy interests. (3) Opinion of the Court
The Court and Chief Justice Marshall rejected the Maryland argument with an undisputed (7-0). The decision mainly centered
McCulloch v. Maryland (1819) (1) Constitutional Question:
Does the Congress of the United States have the power, under Article I, Section 8, of the Constitution; have the authority to constitute a national bank even though that power is not explicitly enumerated within the Constitution? Did Article VI’s National Supremacy Clause forbid State taxes on federal doings or was the Maryland tax law statutory?
Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but are not explicitly enumerated in the Constitution.
Article VI, Clause 2 (National Supremacy Clause) – The Federal Government, in expressing any of the powers enumerated in the Constitution, must prevail over any contradictory or shifting state exercise of power. (2) Background Information:
Throughout the early years of the State, the power of the Federal Government had continued to grow. By the 1820’s, cases opposing supporters of States’ rights against those arguing for the sovereignty of the National Government came quite frequently before the Court. By the late 1810’s, monetary solidity had become an issue of national concern. While Jefferson was President, the First Bank’s charter had not been renewed. Following the War of 1812, President Madison determined that the country was in need of the services of a national bank so it could fulfill its powers listed in Article 1, Section 8, Clause 18 of the Constitution. So in 1816, Congress permitted a charter to the Second Bank of the United States and gave $35 million, which was one-fifth of its total capital, to the bank. Many government officials, local bankers, and farmers hated the bank, which they viewed as a symbol of the power and privilege of national wealthy interests. (3) Opinion of the Court
The Court and Chief Justice Marshall rejected the Maryland argument with an undisputed (7-0). The decision mainly centered