Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

McCulloch v. Maryland (1819)

Read a random definition: theory of law

A quick definition of McCulloch v. Maryland (1819):

McCulloch v. Maryland (1819) was a court case that helped define the power of the federal government and its relationship with state governments. The case was about whether the federal government had the power to create a bank and whether states could tax that bank. The Supreme Court decided that the federal government did have the power to create a bank and that states could not tax it. The Court said that even though the Constitution did not specifically say that Congress could create a bank, it was still allowed because of the Necessary and Proper Clause. This clause says that Congress can pass any laws that are necessary and proper to carry out its powers. The Court also said that federal laws are more important than state laws, so Maryland's tax was not allowed.

A more thorough explanation:

McCulloch v. Maryland (1819) is a famous court case in the United States that helped define the power of the federal government and its relationship with state governments. The case involved the creation of a federal bank and a tax imposed by the state of Maryland on that bank.

The United States Congress had created the Bank of the United States through a law. The State of Maryland then passed a law that required any bank operating within the state to have a state charter and pay a tax. The state sued McCulloch, who was the cashier of the Baltimore branch of the Bank of the United States, for issuing bank notes without paying the required tax.

The Supreme Court ultimately ruled in favor of McCulloch. Chief Justice John Marshall wrote the opinion for the Court, which had several important conclusions:

  • Congress had the power to create the Bank of the United States.
  • The Bank of the United States had the right to establish branches within the states, and the states could not tax or interfere with the federal government's exercise of its authority.
  • Although the Constitution did not specifically give Congress the power to create a federal bank, Congress had the implied power to do so.
  • Congress had wide discretion to make policy decisions as long as those decisions were plainly adapted to a constitutionally authorized end.
  • The Supremacy Clause in the Constitution makes federal laws supreme to state laws, and thus prohibits states from enacting laws contrary to federal laws.

Overall, the Court found that the authority to create the bank was implied from Congress's Spending and Taxing power in conjunction with the Necessary and Proper Clause. Additionally, the Supremacy Clause in the Constitution makes federal laws supreme to state laws, and thus prohibits states from enacting laws contrary to federal laws. Consequently, Maryland's tax was unconstitutional.

For example, if the federal government creates a law that says all citizens must wear masks in public during a pandemic, a state cannot pass a law that says its citizens do not have to wear masks. The federal law would be supreme and the state law would be unconstitutional.

Mayhem | McNabb-Mallory Rule

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
LSD+ is ad-free, with DMs, discounts, case briefs & more.