But the very terms of this argument admit that the sovereignty of the State, in the article of taxation itself, is subordinate to, and may be controlled by, the Constitution of the United States.
The power to exact this security for the faithful performance of duty is not given, nor is it indispensably necessary. It has been said that the people had already surrendered all their powers to the State sovereignties, and had nothing more to give.
In discussing this question, the counsel for the State of Maryland have deemed it of some importance, in the construction of the Constitution, to consider that instrument not as emanating from the people, but as the act of sovereign and independent States.
But it may with great reason be contended that Mcculloch v maryland Government intrusted with such ample powers, on the due execution of which the happiness and prosperity of the Nation so vitally depends, must also be intrusted with ample means for their execution.
The subject of those numbers from which passages have been cited is the unlimited power of taxation which is vested in the General Government. But the instrument, when it came from their hands, was a mere proposal, without obligation or pretensions to it. It would have been unwise to locate them in the charter, and it would be unnecessarily inconvenient to employ the legislative power in making those subordinate arrangements.
It does not extend to a tax paid by the real property of the bank, in common with the other real property within the State, nor to a tax Mcculloch v maryland on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the State.
That, without it, doubts might be entertained whether Congress could exercise its powers in the form of legislation. That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create; that there is a plain repugnance in conferring on one Government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
The argument on the part of the State of Maryland is not that the States may directly resist a law of Congress, but that they may exercise their [p] acknowledged powers upon it, and that the Constitution leaves them this right, in the confidence that they will not abuse it.
They are each sovereign with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other.
It is, we think, impossible to compare the sentence which prohibits a State from laying "imposts, or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws," with that which authorizes Congress "to make all laws which shall be necessary and proper for carrying into execution" the powers of the General Government without feeling a conviction that the convention understood itself to change materially Page 17 U.
The assent of the States in their sovereign capacity is implied in calling a convention, and thus submitting that instrument to the people.
They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom house; they may tax judicial process; they may tax all the means employed by the Government to an excess which would defeat all the ends of Government.
In the course of the argument, the Federalist has been quoted, and the opinions expressed by the authors of that work have been justly supposed to be entitled to great respect in expounding the Constitution. We have a principle which is safe for the States and safe for the Union.
Is that construction of the Constitution to be preferred which would render these operations difficult, hazardous and expensive? It is that an indefinite power of taxation in the latter the Government [p] of the Union might, and probably would, in time, deprive the former the Government of the States of the means of providing for their own necessities, and would subject them entirely to the mercy of the National Legislature.
In the course of the argument, the Federalist has been quoted, and the opinions expressed by the authors of that work have been justly supposed to be entitled to great respect in expounding the Constitution. But the two cases are not on the same reason. If we look to the origin of corporations, to the manner in which they have been framed in that Government from which we have derived most of our legal principles and ideas, or to the uses to which they have been applied, we find no reason to suppose that a Constitution, omitting, and wisely omitting, to enumerate all the means for carrying into execution the great powers vested in Government, ought to have specified this.
The question is, in truth, a question of supremacy, and if the right of the States to tax the means employed by the General Government be conceded, the declaration that the Constitution and the laws made in pursuance thereof shall be the supreme law of the land is empty and unmeaning declamation.Oct 13, · A video case brief of McCulloch v.
Maryland, 17 U.S. (). McCulloch vs Maryland Explained: Heart of Atlanta Motel, Inc. v. United States. The correct option here is A.
The McCulloch v. Maryland case began when the state of Maryland wanted to impose taxes on the National Bank created by the Federal government, thus implying the state power over the federal government as they believed the Congress did 5/5(22).
McCulloch v. Maryland, case decided in by the U.S. Supreme Court, dealing specifically with the constitutionality of a Congress-chartered corporation, and more generally with the dispersion of power between state and federal governments.
After the First Bank of the United States () had.
Following is the case brief for McCulloch v. Maryland, Supreme Court of the United States,() Case Summary of McCulloch v. Maryland: Congress passed an act incorporating the Bank of the U.S.
and opened up a branch in Maryland. In McCulloch v. Maryland () the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank.
In McCulloch v. Maryland () the Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank.Download