Mcculloch vs maryland ruling based on?

Answer 1

Most of the expressed powers of Congress are found in Article I, Section 8 of the US Constitution. While the powers are clearly stated, custom and usage has changed some of the powers. The last clause of that Article, the so-called elastic clause, is responsible for the modification of the powers of Congress. The clause gives Congress the right to "make all laws necessary and proper." It stretches the power of Congress. But, what do the words necessary and proper mean? The issue became part of the "strict" versus "loose" interpretation of the Constitution. In 1819 the Supreme Court addressed this problem in McCulloch v Maryland. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. The Court ruled in favor of a loose interpretation. This decision gave the Congress the power to make any laws that were necessary to carry out its expressed powers, as the Court declared that state action could not impede the constitutional power of the Federal government. It was argued that if the state was permitted to tax any part of the Federal government, it could tax it out of existence.

Answer 2

The case ended up in the supreme court because it was a constitutional question and only the supreme court has total power to decide constitutional cases.

In the case, the state of Maryland had taxed a bank. In the case, Maryland imposed a tax on any non-Maryland notes held by the Second Bank of the United States. Maryland passed a law taxing any bank not chartered by the state of Maryland. However, the Second Bank of the United States had a federal charter, not a state charter.

Maryland argued that the constitution was silent in this area and that state taxes of a federally chartered bank was legal. Justice Marshall's decision was that the federal governments charter was superior to the state of Maryland's tax law and the state tax law was invalid. The state tax on a federally chartered bank was unconstitutional.

Case Citation:

McCulloch v. Maryland, 17 US 316 (1819)

Answer 3

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