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mcculloch v. Maryland
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Transcript

Nada, Josh, Saahiti, Carlos

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mcculloch v. Maryland

We will give you context about the case and all of the important characters. You will need to use this information in order to answer our questions.

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How this will work?

About & Role
Ideals
Neccesary

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Cheif Justice John Marshall

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John Marshall was apart of the federalist party true or False?

Maryland
McCulloch
Reason
National Bank

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Context

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Did maryland unconstitutionally intefere with congressional powers?

Does Congress have the right to instutitue a national Bank?

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What Section of the constitution Applies to this Case?

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To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. This article in the constitution is most relative to our case because it talks about the term necessary and how that changes Marshall's ruling depending on the situation. In this case, Marshall determined the meaning of necessary as "appropriate and legitimate."

Article 1, Section 8, Clause 18

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  • John Marshall has a strict interpretation of the Constitution
  • The Clause states that Congress has the power to regulate commerce between states.
  • Marshall will take the steps that are most legitimate and "neccesary".

The Final Ruling: What we Know

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Who Will Marshall rule in Support of?

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In Favor of James McChulloch

We are unanimously of opinion that the law passed by the Legislature of Maryland, imposing a tax on the Bank of the United States is unconstitutional and void.

McCulloch V. Maryland is one of the most important supreme court cases regarding federal powers. It established that congress had a "implied power" to charter national banks. This case played a big role in balancing federal and state power in the U.S.

Significance

The Second Bank of the United States is established by congress. During this time national banks were high opposed by states who did not want federal banks to compete with state banks.

This leads us to our conflict, the State of Maryland imposed a tariff on the Second Bank. James McCulloch, the cashier of the Second Bank refused to pay the tax.

McCulloch argued that states were not allowed to impose on federal purposes by taxing banks within their borders.

John Marshall famoulsy wrote this which we can use to determine how he interpreted the term "nessasary" Nessecary in the eyes of John Marshall is a particular action that must fit within the constitiotion and be appropriate and must be towards the benefit of the nation.

Marshall told the court to use the constitution as the final authority. He had a strict view about the constitution and believed in the supremacy of the national government. He was known as the Great Chief because of how he used his influence and position.

Maryland argued that as a sovereign state they had the power to tax businesses within its borders.

John Marshall was the fourth chief justice of the supreme court in United States history. He was one of the most important credited founders of the U.S. System of constitutional law. He was responsible for constructing and defending the foundations of judicial power and principles of American federalism.