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According to Maryland, Congress violated the Tenth Amendment by chartering the Second Bank of the United States in Baltimore in 1817. The Tenth Amendment states:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Maryland believed Congress had infringed the State's right of sovereign authority because the Constitution didn't explicitly mention banking; therefore, they reasoned, chartering banks was a reserved right under the Constitution. Maryland decided to exercise their authority by passing a law taxing all banks not chartered in Maryland.

Chief Justice Marshall held that the Taxing and Spending Clause implied a need for handling revenue (Article I, Section 8, Clause 1) and the Necessary and Proper Clause (Article I, Section 8, Clause 18) allowed Congress to establish a national bank in order to facilitate the exercise of legitimate constitutional powers. Further, Marshall held that the Supremacy Clause (Article VI, Clause 2) elevated federal law above state law when the two are in conflict, and prohibited the states from interfering with government activity.

Additional Information:

This case was instrumental in providing clarification to what the "implied powers" of Congress (here, at a federal level) were, and as a show of the authority structure of the states versus the federal government.

In John Marshall's decision, he declared that outside of those powers immediately declared Congress, there are unwritten powers entitled them to provide for the continuity of the United States -- this hearkens to the "necessary and proper clause" of the Constitution.

Marshall also declared that states did not have the right to impinge upon any law created Constitutionally by Congress, as they had done by placing a tax upon Maryland-based federal banks.

Case Citation:

McCulloch v. Maryland, 17 US 316 (1819)

For more information on McCulloch v. Maryland, see Related Questions, below.

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โˆ™ 2011-02-06 01:43:57
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Q: What Amendment was violated in the McCulloch v. Maryland case?
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Related questions

How did the ruling in McCulloch v. Maryland contribute to the strength of the national government?

McCulloch was not ruled in favor and maryland won the case.

What role did James McCulloch play in McCulloch v. Maryland 1819?

James McCulloch was cashier and head of the Baltimore, Maryland, branch of The Second Bank of the United States who refused to pay a new tax the State of Maryland attempted to impose on the bank. McCulloch was the nominal defendant in Maryland's case against the federal government in the state courts, and the petitioner in the US Supreme Court case McCulloch v. Maryland, (1819).Case Citation:McCulloch v. Maryland, 17 US 316 (1819)For more information about McCulloch v. Maryland, see Related Links, below.

What amendment was violated in the Hirabayashi v. United States case?

5th and 14th amendment rights were violated

Who was president during the mcculloch v Maryland case?

James Monroe

What did the supreme court case McCulloch v Maryland settle?

McCulloch v. Maryland settled that the National Bank was constitutional. Also it settled that Maryland does not have the power to tax a institution created by congress.

Court case that established the doctrine of implied powers?

McCulloch vs. Maryland

How does the McCulloch vs. Madison case impact american history?


What are the perspective of both sides in the McCulloch vs Maryland case?

black people

What is an example of national supremacy?

McCulloch v. Maryland.An example of national supremacy clause can be seen in the case McCulloch v. Maryland.

Who won the case McCulloch v. Maryland?

The Supreme Court decided in favor of the nominal petitioner, McCulloch, who was a proxy for the federal government.Case Citation:McCulloch v. Maryland, 17 US 316 (1819)For more information about McCulloch v. Maryland, see Related Questions, below.

Who wrote the opinions for McCulloch v Maryland?

Chief Justice John Marshall wrote the only opinion issued for McCulloch v. Maryland; the case was decided by a unanimous vote of 7-0.Case Citation:McCulloch v. Maryland, 17 US 316 (1819)

Which case said that a state could not tax the federal government?

McCulloch v. Maryland

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