McCulloch v. Maryland (1819)

Background:

  • In 1816, the Second Bank of the United States was chartered by the federal government. James McCulloch was the cashier of the Baltimore branch of this bank.
  • The state of Maryland, in an attempt to undermine the bank and protect its own state-chartered banks, imposed a tax on all banks not chartered by the state of Maryland, including the Baltimore branch of the Second Bank of the United States.
  • McCulloch, as the bank’s cashier, refused to pay the tax, and Maryland sued him for failing to pay the tax.

Issue:

  • The primary issue in the case was whether the state of Maryland had the authority to tax a branch of the Second Bank of the United States, which was a federal institution.
  • Additionally, the case raised the broader question of the scope of federal power and whether the federal government had the authority to establish a national bank, even though the Constitution did not explicitly mention the creation of such an institution.

Decision:

  • Chief Justice John Marshall, writing for the Supreme Court, delivered a unanimous opinion in favor of McCulloch and the federal government.
  • The Court held that the state of Maryland did not have the authority to tax the federal bank because “the power to tax is the power to destroy,” and such a tax would interfere with the operations of a federal institution.
  • Marshall also established the principle of implied powers, stating that while the Constitution enumerates certain powers of Congress, it also contains a necessary and proper clause (the Elastic Clause), which allows Congress to use its enumerated powers to carry out its functions effectively. Thus, the creation of a national bank was within the implied powers of Congress.
  • In essence, Marshall’s ruling upheld the supremacy of federal law and federal institutions over state law in cases where they came into conflict.

Significance:

  • McCulloch v. Maryland is a landmark case because it reinforced the supremacy of federal law and federal institutions over state law.
  • It clarified the scope of federal powers and established the principle of implied powers, allowing Congress to take actions necessary and proper for carrying out its enumerated powers.
  • The case set an important precedent for the relationship between federal and state governments, confirming that states could not interfere with or undermine the operations of federal institutions through taxation.
  • McCulloch v. Maryland played a crucial role in defining and strengthening the federal government’s authority and its ability to carry out its functions, particularly in the realm of economic policy and finance.
  • The decision remains influential in debates over federalism and the balance of powers between the federal and state governments.