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The Supreme Court case, McCulloch v. Maryland, had a major impact on American society. During April of 1816 congress passed “An act to incorporate the subscribers to the bank of the United States”, which ultimately set up and created the Second Bank of the United States. Where the case originated from is when Maryland passed “an act to impose a tax on all banks” in February 1818. James William McCulloch was a head of the Baltimore branch of the Second Bank of the United States, and he refused to pay the tax imposed by the state. The case was first appealed to Maryland court of Appeals. There, the court upheld Maryland, and it was sent to the Supreme Court. There, Chief Justice John Marshall was the leading justice who heard the case. One of the major principles this case decided was that the federal government can pass laws not expressly provided in our constitutions list of express powers, as long as the laws are used in furtherance of the nation. John Marshall presented the “Necessary and Proper Clause” which allows the government to obtain an objective as long as it is not forbidden directly by the constitution. This had a major effect on the United States. It established two principles about our constitution. One, our constitution grants congress implied powers for implementing the constituents express powers. Also, states cannot impede constitutional exercises by the federal government. This case was first heard February 22, 1819, and was argued for nine days including a stretch of six straight days until it was decided on March 6, 1819.Personally, I agree with the court’s decision. I think the federal government should always reside over state government. If states were able to make a law and have it immediately preside over federal law it would not be good. I think that states should have certain powers but not be able to preside over the federal government, if it wasn’t that way it’d be like having fifty different countries. Although, I would not want the government to overuse the “Necessary and Proper Clause”. They could easily use that as an excuse to do many things as long as it doesn’t directly for bid it in the constitution. All in all, McCulloch v. Maryland was a very significant case in United States history.

Categories: United States

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