USA HISTORY

THE VIRGINIA DYNASTY 1801 1825

JOHN MARSHALLS SUPREME COURT DURING THE VIRGINIA DYNASTY

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Which court case involves a state taxing federal bank?
A
Marbury v Madison
B
McCulloch v Maryland
C
Gibbons v Ogden
D
Texas v USA
Explanation: 

Detailed explanation-1: -Maryland, 17 U.S. 316 (1819) States cannot interfere with the federal government when it uses its implied powers under the Necessary and Proper Clause to further its express constitutional powers. The U.S. Congress created the Second Bank of the United States in 1816.

Detailed explanation-2: -The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy."

Detailed explanation-3: -McCulloch v. Maryland (1819) is one of the first and most important Supreme Court cases on federal power. In this case, the Supreme Court held that Congress has implied powers derived from those listed in Article I, Section 8. The “Necessary and Proper” Clause gave Congress the power to establish a national bank.

Detailed explanation-4: -Fletcher v. Peck (1810), which focused on the Constitution’s contract clause. McCulloch v. Maryland (1819), which interpreted the necessary-and-proper clause.

Detailed explanation-5: -Facts of the case James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The state appeals court held that the Second Bank was unconstitutional because the Constitution did not provide a textual commitment for the federal government to charter a bank.

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