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Mc culloch v maryland
 

Mc culloch v maryland

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    Mc culloch v maryland Mc culloch v maryland Presentation Transcript

    • Background Congress charters the 2nd National Bank in 1816; Baltimore branch opens in 1817 Not expressly stated as a power of congress in the constitution
    •  In 1818, Maryland taxes all banks not chartered by the Maryland Legislature McCulloch refuses to pay the tax
    •  Does congress have the power to institute the 2nd National Bank? Can the State of Maryland tax the bank constitutionally?
    • Court Decision0 votes against 7 votes for McCulloch;
    • 1.) 1st National Bank was constitutional2.) People are sovereign, not states3.) Congress not limited by omission4.) Elastic Clause
    •  Established limit of state taxation abilities Reemphasized congressional powers
    • Sources• http://www.oyez.org/cases/1792- 1850/1819/1819_0• http://www.lawnix.com/cases/mcculloch- maryland.html• http://www.law.cornell.edu/supct/html/hist orics/USSC_CR_0017_0316_ZS.html