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In the case of McCulloch v. Maryland, the defendant, Maryland, rejects the idea that it has to obey or uphold laws passed by Congress. Maryland doesn't think the federal government has a right to pass legislation that overrules a state law.

Chief Justice Marshall states the Court has to consult the US Constitution (which the states agreed to follow when they ratified it) to determine how to handle conflicting federal and state laws. He agrees that the problem is serious and must be decided peacefully based on the words of the US Constitution to prevent hostility between the state and federal government. Marshall also says the US Supreme Court, alone, has authority to determine how the Constitution should be interpreted.

Even Simpler Terms

Maryland says, "We've already made a law that says we can tax your bank, and you (the federal government) don't have a right to overturn our law. We don't have to listen to you. In fact, we're sticking our fingers in our ears right now."

Marshall replies, "We'll see what the Constitution has to say about that. And by the way, we (the Court) are the ones who decide who wins this fight, not you."

What Marshall Really Said

"In the case now to be determined, the defendant, a sovereign State, denies the obligation of a law enacted by the legislature of the Union, and the plaintiff, on his part, contests the validity of an act which has been passed by the legislature of that State. The Constitution of our country, in its most interesting and vital parts, is to be considered, the conflicting powers of the Government of the Union and of its members, as marked in that Constitution, are to be discussed, and an opinion given which may essentially influence the great operations of the Government. No tribunal can approach such a question without a deep sense of its importance, and of the awful responsibility involved in its decision. But it must be decided peacefully, or remain a source of hostile legislation, perhaps, of hostility of a still more serious nature; and if it is to be so decided, by this tribunal alone can the decision be made. On the Supreme Court of the United States has the Constitution of our country devolved this important duty."

Case Citation:

McCulloch v. Maryland, 17 US 316 (1819)

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Q: What does the first paragraph from the McCulloch v Maryland decision mean?
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