Mcculloch v maryland brief PDF

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Title and Citation - McCulloch v. Maryland 17 U.S. (Wheat.) 316 (1819) (CB 194) Facts of the Case - Summary - Congress established the Second Bank of the United States in 1816 and Maryland passed a law stating that the federal banks could only use special paper for banknotes that was taxed by the state. McCulloch, the banker at the bank, would not pay the tax and the state sued him. - Lower Court Decision - Local court said yes McCulloch needs to pay. - Court of Appeals confirmed local court. Legal Question - Does Congress have the implied power to make a bank? - Was it constitutional for the state to use its authority to tax a federal program? Holding - Congress has the power and the state may NOT tax it Reasoning ( original intent, precedent, text of the constitution,theory of federalism) - Congress has implied powers as well as enumerated powers - necessary and proper clause - Article 1, Sec 8 - Congress can - tax and spend - borrow money - regulate interstate commerce - raise and support armies - the power to tax is the power to destroy - supremacy clause - federal govt is supreme Separate Opinions Critique and Analysis Notes...