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What important precedent was established in the decision delivered by Chief Justice Marshall in McCulloch v Maryland?
Wiki User
∙ 12y ago
The decision in McCulloch v. Maryland, (1819) established two important principles: 1) The Constitution allowed branches of the federal government to exercise implied powers not explicitly enumerated in the document (but likewise, not explicitlyprohibited); and 2) The Supremacy Clause prevented the states from imposing their will on the federal government because federal and constitutional law supersede all other laws.
The Court raised two questions that determined the outcome of the case.
1. "...has Congress the power to incorporate a bank?"
Yes. The Court concluded that Congress had that right as an implied power (also called unenumerated powers) of Article I, Section 8, because the bank was being used to further Congress' constitutional authority to tax and distribute funds. Unlike the Articles of Confederation, which preceded the US Constitution, the Constitution does not prohibit the exercise of implied powers necessary to assist in carrying out constitutional mandates.
The determination of what constituted a "necessary" activity was a political question to be determined by the Legislative branch. Marshall concluded the US government had the right to establish a bank and place offices in any state.
2. "...whether the State of Maryland may, without violating the Constitution, tax that branch..."
No. The answer to that question rested in the Supremacy Clause, which subordinates state laws to federal and US Constitutional law. The Court declared the state had no right to tax any constitutional means the federal government uses to execute its powers.
Chief Justice Marshall, in the opinion of the court, declared that the states had the power of taxation, but "the constitution and the laws made in pursuance thereof are supreme. . .they control the constitution and laws of the respective states, and cannot be controlled by them."
Marshall further noted that the power to tax involves the power to destroy. Unchecked, the state could use the power of taxation not just to raise revenue, but to eliminate competition:
"An unlimited power to tax involves, necessarily, a power to destroy; because there is a limit beyond which no institution and no property can bear taxation. A question of constitutional power can hardly be made to depend on a question of more or less. If the states may tax, they have no limit but their discretion; and the bank, therefore, must depend on the discretion of the state governments for its existence. This consequence is inevitable. The object in laying this tax, may have been revenue to the state. In the next case, the object may be to expel the bank from the state; but how is this object to be ascertained, or who is to judge of the motives of legislative acts?"
Case Citation:
McCulloch v. Maryland, 17 US 316 (1819)
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoThis case allowed for a broad interpretation of the powers of the federal government.
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This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
Why were precedent set by the supreme court with Marshall as chief justice?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
Why were important precedents set by the Supreme Court with Marshall as Chief Justice important?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
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As president George Washington established an important precedent by creating different what in the executive branch for the various areas of national policy?
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Why were precedents set by the supreme court with marshall as chief justice important?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
Why were precedents set by the supreme court with Marshall as chief justice important.?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
Why were the precedents set by Supreme Court with Marshall as Chief Justice important?
This was the first sitting Supreme Court of the USA. Every decision made by that court established the original precedent for all subsequent cases in the USA. Perhaps the most important was Marbury vs Madison where the precedent was established for the Supreme Court to review laws for "Constitutionality".
