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What did John Marshall mean when he said that the power to tax involves the power to destroy?
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoMarshall's point was that the State, which opposed the establishment of a national bank, if left unchecked by the federal government, had the ability to destroy the bank by taxing it out of existence.
In McCulloch v. Maryland, (1819), Marshall stated (excerpt):
"Upon the supposition, that the bank is constitutionally created, this is the only question; and this question seems answered, as soon as it is stated. If the states may tax the bank, to what extent shall they tax it, and where shall they stop? 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
∙ 11y agoThe state tax violated the supremacy clause because individual states cannot interfere with the operations of the national government.
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Who broadened the Supreme courts power?
Chief Justice John Marshall
Did john marshall want a strict interpretation of the constitution?
John Marshall is considered to have been a loose constructionist, rather than a strict constructionist. Marshall was the 4th Chief Justice of the Supreme Court.
Is the power to tax the power to destroy?
The power to tax can be used to destroy or drive out a business by making the tax so high that the business is unprofitable.In the interest of public health, exactly that is now being done to the cigarette industry!It is the reason that religious activities and news publishing are not taxed, so that neither the states nor the federal government have that power over them.In the case of McCulloch v. Maryland, Chief Justice John Marshall said the power to tax is the power to destroy. A state could put the tax so high that the branch of the Federal Bank would not be able to continue doing business in that state. Since no state can interfere with a legitimate federal entity, Maryland was not entitled to tax the federal bank.
The leadership of Supreme Court Chief Justice John Marshall resulted in?
Greater power for the federal government
When did John Marshall - sculptor - die?
John Marshall - sculptor - died in 2009.
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.
Who broadened the Supreme courts power?
Chief Justice John Marshall
Did john marshall want a strict interpretation of the constitution?
John Marshall is considered to have been a loose constructionist, rather than a strict constructionist. Marshall was the 4th Chief Justice of the Supreme Court.
Is the power to tax the power to destroy?
The power to tax can be used to destroy or drive out a business by making the tax so high that the business is unprofitable.In the interest of public health, exactly that is now being done to the cigarette industry!It is the reason that religious activities and news publishing are not taxed, so that neither the states nor the federal government have that power over them.In the case of McCulloch v. Maryland, Chief Justice John Marshall said the power to tax is the power to destroy. A state could put the tax so high that the branch of the Federal Bank would not be able to continue doing business in that state. Since no state can interfere with a legitimate federal entity, Maryland was not entitled to tax the federal bank.
Who broadned the Supreme Court's power?
Chief Justice John Marshall
Which political figure shared John Marshall's belief in expanding the power of the federal government?
John Adams
What impact did john marshall have on the federal governmemt?
John Marshall had an impact on the federal government. He was the guy that laid the basis for United States constitutional law and made the Supreme Court of the United States.
Did john marshall increase or decrease federal government power?
Increase: he was a Federalist
In this case Chief Justice John Marshall and the Court gave up some power in order to get more. Explain. What power did they give up What power did they gain Why did the Court do this?
Chief Justice John Marshall and the Court gave up the power to establish courts and to issue writs of mandamus.
Election of 1800 where did Federalists still have power?
the Federalist judicial rulings of John Marshall
What did John Marshall believe about the structure of the government?
John Marshall was a federalist who believed in a stronger federal government. As a Chief Justice, John Marshall, helped shape the supreme court by granting it, and the federal government, more power than previously thought. (Marbury v. Madison, McCulloch v. Maryland)
What were thurgood Marshall kids named?
Thurgood Marshall Junior and John W. Marshall
