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John Marshall made the statement the power to tax is the power to destroy in response to which Supreme Court case?
In McCulloch v. Maryland, (1819), Chief Justice John 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?"
Marshall'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.
Case Citation:
McCulloch v. Maryland, 17 US 316 (1819)
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