Who was sued in McCulloch v Maryland?

Answer 1

James McCulloch, head of the Baltimore Branch of the Second Bank of the United States, was originally sued by John James, a citizen, who took action as an intervenor (a party without a direct interest who has a legitimate stake in the outcome of the case). because he hoped to collect a portion of the proceeds from the Second National Bank's delinquent taxes. He won a judgment in Baltimore County Court. McCulloch was the nominal respondent for the US government.

James McCulloch appealed the judgment (sued Maryland and John James) and the validity of the tax itself to the Maryland Court of Appeals, which affirmed the lower state court's decision.

The US Supreme Court found in favor of the Second National Bank, however, holding that the Constitution grants implied powers that allow Congress to take actions to help them carry out their constitutional responsibilities, including creating a bank to allow the federal government a means of conducting business.

Chief Justice Marshall cautioned that the states had no right to impede valid constitutional exercise, and implied the Maryland law was the equivalent of restraint of trade. Marshall's famous quote from McCulloch is, "The power to tax is the power to destroy."

Case Citation:

McCulloch v. Maryland, John James, 17 US 316 (1819)

McCulloch v. Maryland, 17 US 316 (1819) [shorter title]