6 mar 1819 ano - McCulloch v. Maryland

Descrição:

In 1816, Congress chartered the Second Bank of the United States. In 1818, the state of Maryland passed legislation that imposed taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax because he felt that the state did not have the authority to impose such a tax. Then the question was raised whether Congress had the power to incorporate a national bank. In a unanimous decision the court ruled that Congress did have the power to incorporate a bank and that the state of Maryland could not impose such a tax. Chief Justice Marshall said that it was one of Congress' reserved powers and that, "the Constitution and the laws made in pursuance thereof are supreme. . .they control the Constitution and laws of the respective states, and cannot be controlled by them." This court case led to the increase of federal power because it proved that Congress had the ability to incorporate a bank and all the states fall under it without the power to tax it. States have to follow the Constitution and are unable to impose taxes on the national bank.

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