McCulloch v. Maryland brief

McCulloch v. Maryland brief - Jacob Mlinar Sec. 3 McCulloch...

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Jacob Mlinar Sec. 3 McCulloch v. Maryland (4) Wheat 316 (1819) FACTS: The federal government chartered the Bank or the United States under heavy criticism of it being unconstitutional. The state of Maryland passed a law that imposed taxes on all the banks not chartered by the state itself but located in the state territory, including that of a branch of the Bank of the United States. One of the cashiers of the bank, McCulloch, refused to pay the taxes claiming they were unconstitutional. ISSUE: Does the Congress have the power to incorporate a bank? Can the state of Maryland tax the branch of the Bank of United States without violating the Constitution? REASONING: Marshall, C.J: Although the term ‘bank’ is not included in the constitution, Congress is given certain powers under the Taxing and Spending Clause to lay and collect taxes, borrow money, regulate commerce, etc. The 10th Amendment does not limit any given power given to Congress under the Taxing and Spending Clause therefore Congress must be given the means to accomplish those powers, even if that
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This note was uploaded on 04/21/2008 for the course POLI 104 taught by Professor Limbo during the Fall '08 term at Rutgers.

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McCulloch v. Maryland brief - Jacob Mlinar Sec. 3 McCulloch...

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