...The McCulloch v. Maryland supreme court case became a controversial case regarding the issues of Federalism and limited government. The case set a sort of precedent about the powers that the National Government holds, stated or otherwise. The outcome of this case was justified because the state of Maryland (MD) had no right to tax instruments of the national government because it interferes with the execution of national powers. The main people involved in the case are James McCulloch, a cashier from the Baltimore Branch of the second National Bank, the state of Maryland, and Chief Justice John Marshall of the Supreme Court. The case originated in Baltimore, Maryland. The case began in 1816 when Congress established the second National Bank. The banks were found in each state and many of the states worried that a National Bank would compete with local banks. Many of the worried states believed that Congress's decisions to establish the National banks was an unconstitutional exercise of power. Additionally, the National Bank chains were issuing bank notes against Maryland law. As a result, the state of Maryland decided to impose a $15,000 tax on the Baltimore branch of the...
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...Over the course of United States history, only one institution ever influenced numerous presidential elections, created as much contention and dispute, divided the population, and nearly destroyed the country. That controversial institution which caused so much debate became known as the Bank of the United States. This bank and the question about its constitutionality not only influenced the people connected to the bank, but it also brought up uncertainty about how the national government should govern the country. In March of 1819, the United States Supreme Court, led by Chief Justice John Marshall, ruled that the United States Constitution supported the establishment of a national bank and that federal laws supersede state laws in every situation....
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...largely known case from the 1800’s is the McCulloch v. Maryland case of 1819. Which was a supreme court case that challenged a states right to tax a congressionally established bank and if the congress has the authority to establish a bank of the United States. In the 1803 Supreme Court case of Marbury v. Madison, the principle of Judicial Review was first introduced and the Supreme...
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...McCulloch vs. Maryland [1819] is a landmark Supreme Court case because of its impact on the future court cases, passing of laws, and social conscience. The case is one of the most influential cases in Supreme Court history. Chief Justice John Marshall established the doctrine of National Supremacy. National government is supreme over state governments. McCulloch vs. Maryland created the doctrine of “Implied Powers” that has become the cornerstone of American constitutional law. “This decision became the legal safeguard not only for the Second Bank of the United States and its notes, but also for paper money later issued by Congress”. This case was the first test of the constitutionality of federally chartered banks and nationally issued paper currency. The Supreme Court case of McCulloch vs. Maryland set forth important principles in American government. The case itself dealt with whether or not the Congress had power from the Constitution to establish a National Bank; also, it dealt with whether or not a state could tax or interfere with the National Bank. “In 1818, the Maryland legislature imposed a tax on the operations of the Second National Bank in Maryland. This federal bank was not very popular because it competed with the state banks for customers and it set limits on state and private loans”. “The State of Maryland pushed by the state banks, imposed heavy taxes on the federal bank. The aim of these taxes was to shut down the federal bank”. James McCulloch, the...
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...Cristian Farias McCulloch v Maryland Around 1815 the state of Maryland passed a written law that made all the banks in Maryland that did not have a written grant by the state or was not chartered in the state of maryland to have to pay a tax.The law did not allow any of the non chartered banks to create banknotes unless the stamped paper was issued by the state. The banks were to pay for the issued paper. If they did not comply with the requirements given the state would penalize the bank.McCulloch the president of the Baltimore branch of the Bank of the United States which was the second bank of the united states,violated the law that was set forth. McCulloch issued banknotes without paying the taxes that were set forth in the Maryland law. As a result Maryland sued McCulloch. The issue being appealed was did the state of Maryland have the right to force the second bank of the united states to have to pay this tax even though the united states constitution was completely silent on the issues revolving or rotating around the banks?Another issue on this matter was although the law applied to all the banks not chartered in Maryland...
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...In the brief film "McCulloch v. Maryland", We individually viewed the federal case between Marylands' treasurer, John James, and the cashier, James McCulloch. The basics of the case, start with John James, stating that he has found a severe issue. James, indicated to McCulloch that the bank notes that have been issued in the United States in Baltimore have been authenticated, however, it lacks a printed stamp. James goes on to inform McCulloch that this is an offense, and for every offense, there is a fine, he goes on to continue stating he will go through with taking the United States to Court, for refusal to pay state tax. As the case, brought the court, James stated his side, saying the Bank is required to pay a state tax, however, they...
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...system because he said it “promoted inequality by helping concentrate power in the hands of the capitalist elite”. Although agreeing with Washington in principle, a lawsuit was brought by Ichabod Crane, the governor of New York, challenging the dissolution because several years before New York had passed a law requiring The Fed to pay the state a fee equal to 1% of its average currency reserves. If the banking system was abolished New York would lose a valuable revenue stream. MCCULLOCH V MARYLAND Question 1A (15 points): Is the abolition of the Federal Reserve constitutional? Yes, the abolition of the Federal Reserve is constitutional. This is constitutional because he President George Washington the Forth has the...
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...In Marbury v. Madison, the Supreme Court was dealing with the principle of a court declaring “an act of Congress void if it is inconsistent with the Constitution.” Marbury asked the Supreme Court to issue a “writ of mandamus” (an order from a court to compel a judicial/government officer to fulfill their duty to the petitioner) towards James Madison. John Marshall (chief justice) denied Marbury’s writ of mandamus. The Supreme Court did not have the authority to exercise its original jurisdiction over the case. Questions: 1. Did Marbury have the right to the commission? 2. If he did, and his right had been violated, did the law provide him with remedy? 3. Is Marbury entitled to mandamus from the Supreme Court? Decision: 4-0; Unanimously, the court ruled that Madison did not have to deliver the commission to Marbury. The court explained that Marbury had the right to receive his commission, but they were not allowed to force Madison into delivering...
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...Marbury vs. Madison was a case heard by the Supreme Court that greatly verified the need for accountability of governmental power through checks and balances….. specifically that of judicial review. Starting with the key players in this case, Marbury was a man who was to be appointed as the Justice of the Peace for Washington County in the District of Columbia by President Adams. Madison was the new Secretary of State appointed during Jefferson’s term who withheld Marbury’s (as well as others) petition for commission when Jefferson assumed office, as requested by the president. Marshall was the Chief of Justice, previously Adams Secretary of state. He made and wrote the decision to overturn the act of congress that wrote the principle of judicial review and thusly made the decision against giving Marbury his commission. As for the story. Both the first and second president were federalists. During Adams term, he created new positions for judgeships within the executive branch then in an attempt to keep the federalist influence he appointed loyal federalists to these positions days before the third president took office. Jefferson was a democratic republican. The catch was that though these positions were appointed to specific people and approved by senate, the letters were not delivered to the appointed judges and thusly unofficial. Jefferson was frustrated by this “packing” of the judiciary (pg 63) and ordered that the letters not delivered after his inauguration be voided, one...
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...enforce some punishment and type of law but so will the state we live in. The state that you live also faces something higher and that is the federal government. Overall from the time we take our first step until we die, the ultimate decision maker of the land is the United States Constitution. The United States Constitution is the supreme power of the land. The document which contains some of the oldest laws of the United States was written on September 17, 1787. In the Constitution it contains the rights that each and every citizen of the United States of America are given. In the constitution it also stipulates how the federal and state government is run. In the document there are seven articles that each limits and keeps the government in check. In article one there are ten sections. The article states that congress shall contain a senate and a house of representatives. It also specifies the age, and requirements to become a senator and a representative. The article also stipulates how the bills may start in house but if about raising money must start in the House of Representatives (The Constitution). In article two there are four sections. In the article it stipulates some of the major duties of the president and thing he must do each year. In article three there are three sections. In the article it states what and how the judicial system will work. In article four there are four sections that state how new state may be admitted and how people will be tried for crimes...
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...decisions that expanded federal power over states laws and allowed the Supreme Court to have the power to determine constitutionality. In the last few moments of his presidency, John Adam appointed a vast amount of federalists to political positions. After these commissions were approved they were sent to the new president, Thomas Jefferson, who told his Secretary of State, James Madison, not to send out the commission's. One of the people who’s commision wasn't sent was William Marbury. He then petitioned for the Supreme Court to force Madison to send them their commissions. This lead to the most influential of the Marshall Court cases, Marbury vs Madison. Even though John Marshall thought that Marbury should have his commision, he said that the Constitution did not give the Supreme Court the power to order another part of government. Even though section 13 of the Judiciary Act of 1789 provided that these orders can be made, Marshall argued that this section of the act was unconstitutional. This...
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...Marbury v. Madison John Adams appointed several new justices of the peace before he was to leave office, and the commissions had to be delivered to have effect. Adams gave the task to his Secretary of State, John Marshall, to deliver the commissions, but it was soon recognized it would be impossible to deliver them all in time. It was vital they were delivered before Adams left office, or else they would become null and void. Marshall, when he was appointed Chief Justice, assumed the new Secretary of State, James Madison, would deliver the rest. However, Madison had not arrived to his post when Marshall left, and not all the commissions were delivered on time. Marbury was one of the men who didn’t receive his commission, yet still demanded...
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...Anthony Cuda HST 388 Court in Context 9/21/14 McCulloch vs. Maryland Court in Context In order to fully understand how gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time....
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...commerce clause. The Supreme Court rejected the federal government’s claim, holding that the law wasn’t related to commerce. The Court stated if they upheld the government’s statement, then there wouldn’t be limitations on federal government’s power. The Court referenced the Founders’ belief that there should be a balance between state and federal government powers. The case is significant to society because it’s the first time in fifty years that Congress overstepped its power under the commerce clause. McCulloch v. Maryland (1819) Does the elastic clause give Congress the power to create a national bank? This case was based on the elastic clause. The state of Maryland passed a law in 1818 taxing the national bank’s Baltimore branch $15,000 a year. The branch refused to pay; instead it sued the cashier, James McCulloch, for payment. Maryland upheld the tax, so the bank appealed to the Supreme Court. The Supreme Court stated that the Constitution was not meant to limit Congress’s powers, but rather allow Congress to use their powers for “necessary and proper” means to fulfill its responsibilities. Even though it is not specifically stated in the Constitution that Congress has the power to...
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...DBQ: Nationalism & Sectionalism By John A. Braithwaite DIRECTIONS: The following DBQ is based upon the accompanying documents and your knowledge of the time period involved. This question tests your ability to work with historical documents. Your answer should be derived mainly from the documents, however, you may refer to historical facts, materials, and developments NOT mentioned in the documents. You should assess the reliability of the documents as historical sources where relevant to your answer. Check your school and community libraries for materials and also, surf the internet to help you find relevant outside information. QUESTION FOR ANALYSIS: In the period from 1815 to 1858, two giant forces—nationalism and sectionalism--ostensibly in opposition to each other—prevailed simultaneously in the first half of 19th century America. Describe these two forces and discuss the geographic, political, constitutional, economic, and diplomatic contrasts of both forces. PROMPT: Formulate a thesis statement Use documents as well as your own outside knowledge of the period. Deal evenly with all aspects of the questions Be sure to cover the time period given • Assess the validity of the documents • Draw effective and specific conclusions whenever possible TEXTBOOK RECOMMENDATIONS Gillon & Matson The American Experiment Boydston & McGerr Making A Nation Murrin, et.al Liberty, Equality, Power Norton...
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