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Did the decision in McCulloch v Maryland involve a loose interpretation of the US Constitution?
Wiki User
∙ 13y ago
Some may claim most of Chief Justice Marshall's opinions involved a "loose" interpretation of the Constitution; however, the solution to the problem involved invoking specific clauses (Article I, Section 8, Necessary and Proper Clause; Article VI, Supremacy Clause) that were clearly intended for application when federal and state governments had a conflict in power. In my opinion, the decision in McCulloch v. Maryland was well-reasoned and fell within the original intent of the Framers; therefore, I would say this is not an example of a "loose" interpretation (one isn't concretely supported).
Counter Opinion
He made a loose interpretation by basing his decision in part on implied powers that naturally arose from the exercise of enumerated constitutional powers awarded to the Legislative branch in Article I, Section 8.
Case Citation:
McCulloch v. Maryland, 17 US 316 (1819)
Wiki User
∙ 13y ago
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In McCulloch v Maryland Can state tax national bank?
In McCulloch v. Maryland, the United States Supreme Court declared that a state cannot tax a national bank. In explaining the decision, Chief Justice of the United States John Marshall declared that "the power to tax involves the power to destroy" meaning that if an individual state were allowed to tax a national bank, it could tax it so heavily that it would destroy it, and no individual state should have the power to destroy an institution that had been created by the U.S. government.
What does the first paragraph from the McCulloch v Maryland decision mean?
Easy ExplanationIn the case of McCulloch v. Maryland, the defendant, Maryland, rejects the idea that it has to obey or uphold laws passed by Congress. Maryland doesn't think the federal government has a right to pass legislation that overrules a state law.Chief Justice Marshall states the Court has to consult the US Constitution (which the states agreed to follow when they ratified it) to determine how to handle conflicting federal and state laws. He agrees that the problem is serious and must be decided peacefully based on the words of the US Constitution to prevent hostility between the state and federal government. Marshall also says the US Supreme Court, alone, has authority to determine how the Constitution should be interpreted.Even Simpler TermsMaryland says, "We've already made a law that says we can tax your bank, and you (the federal government) don't have a right to overturn our law. We don't have to listen to you. In fact, we're sticking our fingers in our ears right now."Marshall replies, "We'll see what the Constitution has to say about that. And by the way, we (the Court) are the ones who decide who wins this fight, not you."What Marshall Really Said"In the case now to be determined, the defendant, a sovereign State, denies the obligation of a law enacted by the legislature of the Union, and the plaintiff, on his part, contests the validity of an act which has been passed by the legislature of that State. The Constitution of our country, in its most interesting and vital parts, is to be considered, the conflicting powers of the Government of the Union and of its members, as marked in that Constitution, are to be discussed, and an opinion given which may essentially influence the great operations of the Government. No tribunal can approach such a question without a deep sense of its importance, and of the awful responsibility involved in its decision. But it must be decided peacefully, or remain a source of hostile legislation, perhaps, of hostility of a still more serious nature; and if it is to be so decided, by this tribunal alone can the decision be made. On the Supreme Court of the United States has the Constitution of our country devolved this important duty."Case Citation:McCulloch v. Maryland, 17 US 316 (1819)
What reversed the dred scott decision?
13th amendment to the Constitution
The US Constitution was established so that the US would have what?
Guidelines to follow. Uniformity in decision making.
Why were most southerner's pleases with the dred Scott decision?
Because it said slavery was protected by the Constitution.
Explain the debate involved in mcculloch v Maryland and the final decision in the case why was the decision significant?
The decision centered on Maryland's claim that because the Constitution was ratified by State conventions, the States were sovereign
What clause of US Constitution does Marshall cite to support the court's decision in McCulloch v Maryland?
He used the Necessary and Proper Clause of the U.S. Constitution.
What important precedent was established in the decision delivered by Chief Justice Marshall in McCulloch v. Maryland?
This case allowed for a broad interpretation of the powers of the federal government.
States power to tax the federal government was addressed in the supreme courts decision of?
A+ : McCulloch vs. Maryland
State's power to tax the federal government was addressed in the supreme Court decision?
A+ : McCulloch vs. Maryland
Why was the decision in the McCulloch v. Maryland case significant?
The Court ruled that the federal government had implied powers under the "elastic clause" in the Constitution. -Gnapinski88
Which Supreme Court decision first limited state jurisdiction over federal agencies?
McCulloch v. Maryland
What group benefited from the supreme court decision in McCulloch v. Maryland and Gibbons v. Ogden?
Federal government
What group benefited most from the Supreme Court decision in McCulloch V. Maryland and gibbons v. Ogden?
Federal government
What group benefited most from the Supreme Court decision in the McCulloch v. Maryland and Gibbons v. Ogden?
Federal government
Which Supreme Court decision is not correctly matched with its ruling?
McCulloch v. Maryland: ruled that states could tax the federal goveornment
What group or government entity benefit most from the decision in mcculloch v. Maryland and gibbons v. Ogden?
Congress. Marshall's decisions set a precedent allowing the Legislative Branch to exercise "implied powers," in addition to the expressed powers listed in Article I of the Constitution.
