Mcculloch Vs Maryland Analysis

The Bank of the United States was designed to make money and build an economy. It was designed by men like Alexander Hamilton and Robert Morris, but did not benefit the common citizen as much as wealthy investors. Why did a fledgling government need to borrow millions from overseas in order to invest in a “national” bank, to turn around and then borrow the same money back and pay interest on it? The banking system developed by Alexander Hamilton and Robert Morris was prime pickings for speculators, and laid the groundwork for a history of unscrupulous activity regarding our nation’s money supply that continues to this day. The signatures on the Constitution were barely dry before corruption and

As technology advances, the world is forced to adapt as an increasingly quick pace. Specifically, our justice system must consider the constitutionality of surveillance and other information gathering techniques and how they coincide with current interpretations of the Fourth Amendment which protects citizens against unreasonable searches and seizures. The Supreme Court addressed this issue in the 2013 case of Maryland v King explicitly related to the legality of DNA collection of individuals early in the booking process for serious crimes. In a 5-4 decision, the Supreme Court ruled that pre-conviction DNA collection of those arrested for serious crimes is constitutional and does not violate the Fourth Amendment; a decision that will

In many ways, the opinion in this case represents a final step in the creation of

Does the Congress of the United States have the power, under Article I, Section 8, of the Constitution; have the authority to constitute a national bank even though that power is not explicitly enumerated within the Constitution? Did Article VI’s National Supremacy Clause forbid State taxes on federal doings or was the Maryland tax law statutory?

However, the state of Maryland tried to block the activity of the national bank by imposing tax to all the notes that were issued. The branch manager of the bank in Baltimore refused to pay taxes and lawsuits were filed in the Maryland Court. However, the case was brought up to the U.S Supreme Court as the Constitution did not subjectively describe that Federal Government had the authority to establish a bank. The U.S Supreme Court led by Chief Justice John Marshall ruled out the case that acknowledges that the Congress has the rights to establish a national bank under Article 1 Section 8 in the American Constitution. This shows that the US Constitution was vaguely described and gave the Congress an insight to pass laws as long as it is within the Constitution. However, this gave the Federal Government to create the mentality to indirectly gain more power which restricts the States sovereignty.

Hamilton’s creation of the first bank in the United States continues to exist in today’s economic environment. However, at that time Hamilton’s proposal was met with widespread resistance from individuals such as James Madison and Thomas Jefferson who considered the creation of a federal bank as unconstitutional. The analysis made by Gordon in his book is consistent with arguments made by to have a bank that would be effective in order to implement the powers authorized by the government as it was implied in the constitution

In McCuloch v Maryland, the court turned to the "necessary" and "proper" clause which grants Congress enumerated powers which include the power to regulate collect taxes. President Jackson explains the necessity in regards to the functions that the bank is trying to fulfill: The "degree of its necessity,”

The collective bargaining agreement between the National Hockey League and the player’s association stipulates that arbitration must be used initially in order to resolve disputes relating to salary, grievances, and system. A case that did a good job of demonstrating the authority of the collective bargaining agreement’s stipulation of an arbitration clause was McCourt v. California Sports, Incorporated. In this case plaintiff signed a National Hockey League Standard Players Contract to play professional hockey with defendant team. After defendant picked up a free agent from another team, the other team proposed that plaintiff's contract be assigned to it as compensation. An arbitrator agreed and plaintiff's contract was assigned. Plaintiff filed suit alleging that the reserve system and the assignment of his contract as compensation for the free agent violated § 1 of the Sherman Act, 15 U.S.C.S. § 1 (1976). The district court entered a preliminary injunction restraining defendants, hockey league, team, and players' association, from enforcing the arbitration award and from penalizing plaintiff for refusing to

McCulloch vs. Maryland - Maryland wanted to put a tax on the bank but Judge Marshall said no

Maryland case in 1819. John Marshall led the case and it was against James McCulloch a clerk who failed to attach his state revenue stamps to his banknotes. Marshall stated the “necessary and proper” clause to sanction the powers of the federal government. Marshall proved that the federal government has power over the states therefore strengthening the government and economy. Marshall also declared that a state taxing the federal bank is unconstitutional, in turn saving the national bank and the economy. The Gibbons vs. Oden case in 1824 helped establish national supremacy in regulatory interstate commerce therefore improving the nations

Contrary to a common belief, this was never put into place for Congress so that it may perform evil deeds. In fact, part of the clause itself prevents it from doing so in the first place with the definition of the word "proper." However, this was either overlooked or was not perceived as the truth, and began many disagreements. Some as major as stating that the clause was put into place so that Congress has the power to do whatever it pleased, to those that are trivial in comparison. Namely James Madison's note that the United States national government is not truly a national one "since its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects" (Document E). Other arguments began over topics that came into existence because of the Necessary and Proper clause, e.g., the national bank. President Andrew Jackson disliked the national bank because it benefitted those who were already wealthy and did nothing for the poor (Document J). This and other reasons led the president to veto the renewal of the national bank in an attempt to limit the role of the national government, which influenced the depiction of him as a tyrant in document K. Even though it is the basis of many political altercations in the early United States, the

In addition to saving the integrity of the Federalist-dominated Supreme Court in the case of Marbury v. Madison, John Marshall also promoted certain Federalist principles, including the idea of a strong national government. From the years when the Constitution was being created, Alexander Hamilton fought for the creation of a national bank since he believed it was “necessary and proper” for the growth and development of the United States (“The Marshall Court”). As Hamilton and the Federalist Party had hoped, a national bank was created and one of its branches was placed in Baltimore, Maryland. State legislators from Maryland were not satisfied with the progress the bank was making because the negligent behavior of its bank officials was bringing the bank under (Newmyer, 295). To save their citizens from having to deal with the bank’s faulty leadership, the legislators attempted to drive the branch out of the state by placing a tax on all the banknotes issued by the bank. When the tax was purposely left unpaid, Maryland sued the cashier of the bank--James McCulloch. In the state courts, Maryland won its case,

This also helped to stabilize the economy of America. Although Thomas Jefferson opposed the bank, he opposed it because he thought it gave too much power to the national government. He also believed that the constitution did not have the power to do this. This helped stabilize the government because it allows states to form their own banks and charter

This is because this branch decides if something is constitutional or unconstitutional, which is what the judicial branch did in this scenario.

Court cases were introduced debating the power of the national government over the power of the state government. The decision in the McCulloch vs. Maryland court case in 1819 stated 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 supreme dominion” (Document D). This was clearly an issue in this time period, having to be resolved by a court and a jury. Political figure such as John Quincy Adams and President Monroe also face disagreements regarding the country's political stance.