McCulloch v. Maryland | The Federalist Society (2024)

Table of Contents
Facts of the Case Questions Conclusions The False Doctrine of Inherent Sovereign Authority The Original Understanding of the Indian Commerce Clause: An Update Protecting Economic Liberty in the Federal Courts: Theory, Precedent, Practice Originalism as King Federalist Society Review, Volume 21 As Far As Reasonably Practicable: Reimagining the Role of Congress in Agency Rulemaking Constitutionality of Proposed Federal Liability Limitations for COVID-19 Exposure Claims The Mythical McCulloch Hamilton v. Jefferson: The Central Bank Debate [POLICYbrief] John Marshall’s Jurisprudence Supports Preemption of California’s Net Neutrality Law Liberty Month Revisited: Defining a Legitimate Scope for the Federalization of Business Crime Did the Constitution Grant the Federal Government Eminent Domain Power?: Using Eighteenth Century Law to Answer Constitutional Questions Forgotten Cases: Worthen v. Thomas and the Contract Clause Book Review: Our Republican Constitution: Securing the Liberty and Sovereignty of We the People People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service: Did Gonzalez v. Raich Eviscerate All Constitutional Limits on Federal Power? Shelby County, Alabama v. Holder: Must Congress Update the Voting Rights Act’s Coverage Formula for Preclearance? Sleeping Giant?: Section Two of the Thirteenth Amendment, Hate Crimes Legislation, and Academia’s Favorite New Vehicle for the Expansion of Federal Power The Upside-Down Constitution by Michael S. Greve The Philosopher in Action: A Tribute to the Honorable Edwin Meese III Florida Constitutional Challenge to Obamacare: It All Comes Down to Broccoli The Florida Supreme Court: Judicial Activism & Judicial Self-Restraint – Some Examples The War on Terrorism: Law Enforcement or National Security? Dragooning State Officials into Federal Service The Great Debate: Attorney General Ed Meese III - November 15, 1985 The Great Debate: Attorney General Ed Meese III - July 9, 1985 McCulloch v. Maryland: A Debate Federalism, COVID-19, and the Administrative State Courthouse Steps: Supreme Court Overrules Nevada v. Hall Establishing Sister State Sovereign Immunity Courthouse Steps Oral Argument: Franchise Tax Board of California v. Hyatt: Reviving Sister-State Sovereign Immunity

Facts of the Case

Provided by Oyez


In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank.

Questions

  1. Did Congress have the authority to establish the bank?

  2. Did the Maryland law unconstitutionally interfere with congressional powers?

Conclusions

  1. In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Pursuant to the Necessary and Proper Clause (Art. I, Section 8), Chief Justice Marshall noted that Congress possessed powers not explicitly outlined in the U.S. Constitution. Marshall redefined “necessary” to mean “appropriate and legitimate,” covering all methods for furthering objectives covered by the enumerated powers. Marshall also held that while the states retained the power of taxation, the Constitution and the laws made in pursuance thereof are supreme and cannot be controlled by the states.

Originalism as King

John C. Yoo

Federalist Society Review, Volume 22

A review of The President Who Would Not Be King: Executive Power under the Constitution,...

I have a deep understanding of constitutional law and related topics. As an enthusiast in this field, I can provide insights into the concepts discussed in the article you provided.

The article revolves around the case of McCulloch v. Maryland, a landmark Supreme Court decision in 1819. The case involved the establishment of The Second Bank of the United States by Congress in 1816. Maryland passed legislation to impose taxes on the bank, and James W. McCulloch, the cashier, refused to pay. The state appeals court deemed the bank unconstitutional, arguing that the Constitution did not provide a textual commitment for the federal government to charter a bank.

The Supreme Court, in a unanimous decision, held that Congress had the authority to incorporate the bank. Chief Justice Marshall, writing the opinion, pointed to the Necessary and Proper Clause (Art. I, Section 8), stating that Congress could exercise powers not explicitly outlined in the Constitution if they were appropriate and legitimate for furthering constitutional objectives. Additionally, the decision emphasized the supremacy of the Constitution and federal laws over state laws.

The article also mentions various publications, blog posts, and events related to constitutional law and the Federalist Society. Some notable publications include "The False Doctrine of Inherent Sovereign Authority" by Robert G. Natelson and "Originalism as King" by John C. Yoo. Events such as debates on McCulloch v. Maryland and discussions on federalism, COVID-19, and the administrative state are highlighted.

If you have specific questions or if there's a particular aspect you'd like more information on, feel free to ask.

McCulloch v. Maryland | The Federalist Society (2024)
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