MuCulloch versus Maryland: Federal Power Essay

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In the McCulloch v. Maryland, it opened up the issue of federal power, and how much should be given to the governments. Chief Justice, John Marshall stated that he wanted to expand the federal governments powers. This created an even bigger problem between the power of state and federal government. In 1816, the second national bank was established by Congress, and was questioned by many states on whether is was constitutional. Maryland then taxed all banks that were not charted by the state. James McCulloch, a federal cashier, refused to pay the tax. Maryland sued him in hopes to receive the taxes. The Supreme Court decided the bank was constitutional, but the Maryland tax was not. The Federal government gained some powers after, and …show more content…

In Article 1, Section 8 of the Constitution, there are 27 expressed powers granted to Congress. They are given the power to collect taxes, to grant patents and copyrights, to coin money, to declare war, to regulate foreign and interstate commerce, to raise and maintain armed forces, to fix standards of weights and measures, and many other jobs. The 16th amendment also gives Congress power to levy an income tax, done so in McCulloch v. Maryland. Other expressed powers given by the Constitution are showed in Article 2, Section 2, where it grants the President power to be commander in chief of the armed forces, assign federal officials, make treaties, and a few others. In Article 3, the Constitution grants powers to the Supreme Court. There are many expressed powers throughout the Constitution, diving the powers of our government equally and fairly. Implied powers are the powers given by the Constitution that are not stated exactly, but suggested or implied. In Article 1, Section 8 the Constitution states, "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Our government is to create laws that are necessary and proper, and that fit to the situations, under clause 18 of the Constitution. The Necessary and

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