Compact theory also argues that the federal government is a creation of the states and that Mcculoh v maryland states maintain superiority. We are relieved, as we ought to be, from clashing sovereignty; from interfering powers; from a repugnancy between a right in one Government to pull down what there is an acknowledged right in another to build up; from the incompatibility of a right in one Mcculoh v maryland to destroy what there is a right in another to preserve.
The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation are intrusted to its Government. No contributions are made to charity for the sake of an incorporation, but a corporation is created to administer the charity; no seminary Mcculoh v maryland learning is instituted in order to be incorporated, but the corporate character is conferred to subserve the purposes of education.
To impose on it the necessity of resorting to means which it cannot control, which another Government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a dependence on other Governments which might disappoint its most important designs, and is incompatible with the language of the Constitution.
But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.
Why else were some of the limitations found in the 9th section of the 1st article introduced.
But the argument which most conclusively demonstrates the error of the construction contended for by the counsel for the State of Maryland is founded on the intention of the convention as manifested in the whole clause.
It has been truly said that this can scarcely be considered as an open question entirely unprejudiced by the former proceedings of the Nation respecting it. It has not a fixed character peculiar to itself. The subject is the execution of those great powers on which the welfare of a Nation essentially depends.
Such a tax must be unconstitutional.
Does it belong to one more than to another. It must have been the intention of those who gave these powers to insure, so far as human prudence could insure, their beneficial execution. We cannot comprehend that train of reasoning, which would maintain that the extent of power granted by the people is to be ascertained not by the nature and terms of the grant, but by its date.
But the argument on which most reliance is placed is drawn from that peculiar language of this clause. The power being given, it is the interest of the Nation to facilitate its execution.
Taxation, it is said, does not necessarily and unavoidably destroy. No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass. That this idea was entertained by the framers of the American Constitution is not only to be inferred from the nature of the instrument, but from the language.
In support of this proposition, they have found it necessary to contend that this clause was inserted for the purpose of conferring on Congress the power of making laws. Had they been capable of using language which would convey to the eye one idea and, after deep reflection, impress on the mind another, they would rather have disguised the grant of power than its limitation.
In ascertaining the sense in which the word "necessary" is used in this clause of the Constitution, we may derive some aid from that with which it it is associated.
The Court rejected that argument, on the grounds that many of the enumerated powers of Congress under the Constitution would be useless if only laws deemed essential to a power's execution could be passed. There is also this further criterion which may materially assist the decision: Both sides of the litigation admitted that the president, directors, and company of the Bank had no authority to establish the Baltimore branch or office of discount and deposit, other than the fact that Maryland had adopted the Constitution of the United States.
It has been truly said that this can scarcely be considered as an open question entirely unprejudiced by the former proceedings of the Nation respecting it.
It has not a fixed character peculiar to itself. But when, "in order to form a more perfect union," it was deemed necessary to change this alliance into an effective Government, possessing great and sovereign powers and acting directly on the people, the necessity of referring it to the people, and of deriving its powers directly from them, was felt and acknowledged by all.
Let this be done in the case under consideration. It can never be pretended [p] that these vast powers draw after them others of inferior importance merely because they are inferior. The argument on the part of the State of Maryland is not that the States may directly resist a law of Congress, but that they may exercise their [p] acknowledged powers upon it, and that the Constitution leaves them this right, in the confidence that they will not abuse it.
Those powers are not given by the people of a single State. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch, a cashier for the Baltimore, Maryland Bank, was sued for not complying with the Maryland state tax.
Maryland study guide by michaelmarch12 includes 2 questions covering vocabulary, terms and more. Quizlet flashcards, activities and games help you improve your grades. A case in which the Court decided that the Second Bank of the United States could not be taxed by the state of Maryland, declaring that the government of individual states cannot impose laws on the functioning of the federal government.
In the landmark Supreme Court case McCulloch degisiktatlar.comnd, Chief Justice John Marshall handed down one of his most important decisions regarding the expansion of Federal degisiktatlar.com case involved the power of Congress to charter a bank, which sparked the even broader issue of the division of powers between state and the Federal Government.
A case in which the Court decided that the Second Bank of the United States could not be taxed by the state of Maryland, declaring that the government of individual states cannot impose laws on the functioning of the federal government. In McCulloch v. Maryland () the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank.Mcculoh v maryland