throughout the Union. Many local‚ state-chartered banks‚ eager to follow speculative policies‚ resented the cautious fiscal policy of the BUS‚ and looked to state legislatures to restrict the BUS operations. Maryland imposed a tax on the bank’s operations‚ and when James McCulloch‚ the cashier of the Baltimore branch of the BUS‚ refused to pay the tax‚ the issue went to Court. Few people expected the Court to hold the charter establishing the bank unconstitutional; what was at issue was
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McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch‚ a cashier for the Baltimore‚ Maryland Bank‚ was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with
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McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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In the case McCulloch v. Maryland‚ John Marshall handed down one of his most important decisions regarding the expansion of Federal power. This case involved the power of Congress to charter a bank‚ which sparked the even broader issue of the division of powers between state and the Federal Government. Reason for the case The dispute that led to McCulloch vs. Maryland case began in 1790 between Alexander Hamilton‚ who favored congressional authority to create a Bank of the United States‚ and
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The decisions made in McCulloch v. Maryland recognized and explained to the United States the nation’s need for a strong central government. After fighting in the War of 1812‚ the United States of America experienced a significant amount of disarray and difficulty without a bank to supervise the country’s finances and to provide a reliable institution that the population could depend on amidst all the chaos. Alexander Hamilton’s idea of a national bank would serve the purpose of providing one common
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Between 1789 and 1820‚ the power of the national government expanded greatly as a result of Hamilton’s economic policies‚ Marshall Supreme Court decisions‚ Henry Clay’s American System‚ and territorial acquisitions. Although many of these programs ultimately sowed the seed of sectionalism‚ the net result was a more powerful national government by 1820. One main proponent of a strong federal government was Alexander Hamilton‚ who served under George Washington as secretary of treasury. In this position
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McCulloch vs. Maryland was one of the first and far most important Supreme Court cases in history. It was a case that was derived on federal power. During this case‚ the Supreme Court held that Congress had implied powers that were enlisted as the same powers in Article I‚ Section 8 of the “Necessary and Proper” Clause‚ which was also known by the name Elastic Clause. This clause gave Congress the power to establish a national bank‚ since the Constitution does not specifically. On March 6‚ 1819‚
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McCulloch v. Maryland 4 Wheat. 316 (1819) FACTS: The Second Bank of the United States was chartered in 1816‚ amid much opposition from the states. However‚ following many financial disasters throughout the nation‚ eight states‚ including Maryland‚ passed statutes restricting the “activities of the Bank or imposing heavy burdens on it.” The state of Maryland impeded the operations of the Bank by imposing a significant paper tax on all notes not chartered by the state. McCulloch‚ the cashier of
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Mcculloh v Maryland Case In many ways‚ the opinion in this case represents a final step in the creation of the federal government. The argument involved which was the power of Congress to charter a bank. The larger questions would go out to the Constitutional interpretation and would still be debated to this day. In 1791‚ as part of his financial plan‚ Secretary of The Treasury Alexander Hamilton proposed that Congress charter a Bank of the United States‚ to serve as a central bank of the country
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Maryland v. Pringle‚ 540 S. 366 (2003) Facts: A police Officer Snyder stopped a car for speeding on August 7‚ 1999 at 3:16 a.m. Partlow‚ the owner of the vehicle was driving the car‚ Pringle was the front seat passenger‚ and Smith was the back seat passenger. Officer Snyder asked Partlow for his driver’s license and the registration. When Partlow opened the glove box to grab his vehicle registration‚ Officer Snyder saw a large quantity of rolled up cash. After‚ checking Partlow’s license
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