court brief - Evangelia Psarakis Section 4 Citation:...

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Evangelia Psarakis Section 4 Citation: McCullock v Maryland 4 Wheat 316 (1819) Facts: The conflict in McCulloch v Maryland involves the incorporation of the Second Bank of the United States. Maryland passed legislation that imposed a tax on all banks not chartered by the state, thereby including the Second Bank of the federal government. McCullock, who was the cashier of the Baltimore branch of the Bank of the United States, refused to comply with the Maryland tax law. In response, Maryland sued McCullock for not paying the taxes due under Maryland state law. McCulloch contested the constitutionality of that act of taxing the federal government, but lost in the State Court. After his loss, he appealed to the Supreme Court of the United States. Issue: There are two constitutional questions that arise from this case and need to be answered by the Supreme Court. First, does Congress have the right to charter a national bank under the Necessary and Proper Clause of Article I, Sec 8? Second, do states have the right to impose
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This note was uploaded on 02/06/2012 for the course POLISCI 106 taught by Professor Levine during the Fall '07 term at Rutgers.

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court brief - Evangelia Psarakis Section 4 Citation:...

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