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Maryland Brief McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. We will write a custom essay sample on Mcculloch V.
Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution Constitution is the supreme law of the land and state laws cannot interfere with federal laws enacted within the scope of the Constitution.
Congress chartered the Second Bank of the United States. Branches were established in many states, including one in Baltimore, Maryland. In response, the Maryland legislature adopted an Act imposing a tax on all banks in the state not chartered by the state legislature.
McCulloch admitted he was not complying with the Maryland law. Counsel for the state of Maryland claimed that because the Constitution was enacted by the independent states, it should be exercised in subordination to the states. However, the states ratified the Constitution by a two-thirds vote of their citizens, not by a decision of the state legislature.
Therefore, although limited in its powers, the Constitution is supreme over the laws of the states. There is no enumerated power within the Constitution allowing for the creation of a bank. Because the Constitution is supreme over state laws, the states cannot apply taxes, which would in effect destroy federal legislative law.
This Supreme Court decision establishes the Constitution as the supreme law of the land, taking precedent over any state law incongruent with it. Inthe state of Maryland passed legislation to impose taxes on the bank.
McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Question The case presented two questions: Did Congress have the authority to establish the bank?"The University of Maryland, College Park, is a public research university, the flagship campus of the University System of Maryland, and the original land-grant institution in Maryland.
It is one of only 61 members of the Association of American Universities (AAU). University of Maryland - Baltimore County Undergraduate College Application Essays These University of Maryland - Baltimore County college application essays were written by students accepted at University of Maryland - Baltimore County.
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