What was mccullochs argument
Many states opposed branches of the National Bank within their borders. The case went to the Supreme Court. Maryland argued that as a sovereign state, it had the power to tax any business within its borders. If the states may tax one instrument, employed by the [federal] government in the execution of its powers, they may tax any and every other instrument This was not intended by the American people.
They did not design to make their government dependent on the states. Upcoming Events Explore our upcoming webinars, events and programs. View All Events. Invest In Our Future The most effective way to secure a freer America with more opportunity for all is through engaging, educating, and empowering our youth. Support now Make your investment into the leaders of tomorrow through the Bill of Rights Institute today!
Make a Donation. Learn More. About BRI The Bill of Rights Institute engages, educates, and empowers individuals with a passion for the freedom and opportunity that exist in a free society. Maryland In McCulloch v. Arguably Chief Justice John Marshall's finest opinion, McCulloch not only gave Congress broad discretionary power to implement the enumerated powers, but also repudiated, in ringing language, the radical states' rights arguments presented by counsel for Maryland. Although the Bank was controlled by private stockholders, it was the depository of federal funds.
In addition, it had the authority to issue notes that, along with the notes of states' banks, circulated as legal tender. In return for its privileged position, the Bank agreed to loan the federal government money in lieu of taxes. State banks looked on the BUS as a competitor and resented its privileged position.
When state banks began to fail in the depression of , they blamed their troubles on the Bank. One such state was Maryland, which imposed a hefty tax on "any bank not chartered within the state. When the Bank's Baltimore branch refused to pay the tax, Maryland sued James McCulloch, cashier of the branch, for collection of the debt.
McCulloch responded that the tax was unconstitutional. A state court ruled for Maryland, and the court of appeals affirmed. Sandford The Slaughterhouse Cases Lochner v. New York Schenck v. United States Korematsu v. Sawyer Brown v. Board of Education Mapp v. Ohio Baker v. Carr Miranda v. Arizona Roe v. Wade Season Two McCulloch v. Hopkins Plessy v.
Ferguson Gideon v. Wainwright Griswold v. Connecticut Katz v. United States Brandenburg v. Ohio Tinker v. Des Moines New York Times v. United States Gregg v. Georgia Regents of Univ. Cal v. Bakke
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