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Essential Documents
  • Home
  • Foundational Documents
    • The Articles of Confederation
    • The Declaration of Independence
    • Federalist No. 10
    • Federalist No. 51
    • Federalist No. 70
    • Federalist No. 78
    • Brutus No. 1
    • The Constitution of the United States
    • Amdendments
      • Amendment 1
      • Amendment 2
      • Amendment 3
      • Amendment 4
      • Amendment 5
      • Amendment 6
      • Amendment 7
      • Amendment 8
      • Amendment 9
      • Amendment 10
      • Amendment 11
      • Amendment 12
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      • Amendment 20
      • Amendment 21
      • Amendment 22
      • Amendment 23
      • Amendment 24
      • Amendment 25
      • Amendment 26
      • Amendment 27
    • The Bill of Rights and Amendments
    • Letter from Birmingham Jail
  • SCOTUS Cases
    • McCulloch v. Maryland (1819)
    • United States v. Lopez (1995)
    • Engel v. Vitale (1962)
    • Wisconsin v. Yoder (1972)
    • TInker v. Des Moines (1969)
    • New York Times Co. v. United States (1971)
    • Schenck v. United States (1919)
    • Gideon v. Wainwright (1963)
    • Roe v. Wade (1973)
    • McDonald v. Chicago (2010)
    • Brown v. Board of Education (1954)
    • Citizens United v. Federal Election Commission (2010)
    • Baker v. Carr (1961)
    • Shaw v. Reno (1993)
    • Marbury v. Madison (1803)
  • More
    • Home
    • Foundational Documents
      • The Articles of Confederation
      • The Declaration of Independence
      • Federalist No. 10
      • Federalist No. 51
      • Federalist No. 70
      • Federalist No. 78
      • Brutus No. 1
      • The Constitution of the United States
      • Amdendments
        • Amendment 1
        • Amendment 2
        • Amendment 3
        • Amendment 4
        • Amendment 5
        • Amendment 6
        • Amendment 7
        • Amendment 8
        • Amendment 9
        • Amendment 10
        • Amendment 11
        • Amendment 12
        • Amendment 13
        • Amendment 14
        • Amendment 15
        • Amendment 16
        • Amendment 17
        • Amendment 18
        • Amendment 19
        • Amendment 20
        • Amendment 21
        • Amendment 22
        • Amendment 23
        • Amendment 24
        • Amendment 25
        • Amendment 26
        • Amendment 27
      • The Bill of Rights and Amendments
      • Letter from Birmingham Jail
    • SCOTUS Cases
      • McCulloch v. Maryland (1819)
      • United States v. Lopez (1995)
      • Engel v. Vitale (1962)
      • Wisconsin v. Yoder (1972)
      • TInker v. Des Moines (1969)
      • New York Times Co. v. United States (1971)
      • Schenck v. United States (1919)
      • Gideon v. Wainwright (1963)
      • Roe v. Wade (1973)
      • McDonald v. Chicago (2010)
      • Brown v. Board of Education (1954)
      • Citizens United v. Federal Election Commission (2010)
      • Baker v. Carr (1961)
      • Shaw v. Reno (1993)
      • Marbury v. Madison (1803)

McCulloch v. Maryland (1819)

Facts of the case

In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. 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.

Question

  1. Did Congress have the authority to establish the bank?
  2. Did the Maryland law unconstitutionally interfere with congressional powers?

Decision

Unanimous for Maryland

Majority Opinion:

In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers.

Pursuant to the Necessary and Proper Clause (Art. I, Section 8), Chief Justice Marshall noted that Congress possessed powers not explicitly outlined in the U.S. Constitution. Marshall redefined “necessary” to mean “appropriate and legitimate,” covering all methods for furthering objectives covered by the enumerated powers. Marshall also held that while the states retained the power of taxation, the Constitution and the laws made in pursuance thereof are supreme and cannot be controlled by the states.

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