McCullogh v. Maryland brief

McCullogh v. Maryland brief - George Dorfman Marika Dunn...

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George Dorfman Marika Dunn Law and Politics October 3, 2007 McCulloch v. Maryland 4 Wheat. 316 (1819) Facts: A Bank of the United States was established in 1791, and given a twenty- year charter. In 1811, that charter expired, and the Jeffersonians did not renew it. In 1816, President Madison opted for, and Congress granted, the charter of the second Bank of the United States. A number of state-chartered banks fell into disagreement with the policies the BUS had been following. Maryland imposed a tax on the bank, and the cashier of the Baltimore branch of the BUS did not wish to oblige in paying the tax, saying that the state cannot tax the national bank, thus the issue went to court. Issue(s): Does congress have the power to incorporate a national bank? Does the state have the right to tax federal banks? Reasoning: Marshall: “The State of Maryland [would like us to believe that] the powers of the general government…are delegated by the states, who alone are truly sovereign; and must be exercised in subordination to the states, who alone possess
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This note was uploaded on 04/03/2008 for the course HIST 103 taught by Professor Schrepfer during the Spring '08 term at Rutgers.

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McCullogh v. Maryland brief - George Dorfman Marika Dunn...

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