17 U.S. (4 Wheat.) 316, 4 L. Ed. 579 · Supreme Court of the United States · 1819
Constitutional LawAssigned in 27 casebooks
Case brief summary
Rule
The federal government may use any reasonable method to carry out its powers, even if not listed in the Constitution. Federal law also overrides conflicting state law.
Facts
Congress created a national bank and the bank opened a branch in Maryland. Maryland passed a law taxing any bank operating in the state that was not chartered by Maryland, and the bank's cashier, McCulloch, refused to pay this tax.
Procedural history
Maryland sued McCulloch in state court to collect the tax penalty and won. The Maryland Court of Appeals, the state's highest court, upheld that decision, and McCulloch asked the United States Supreme Court to review the case.
Issue
The Court had to decide whether Congress had the constitutional power to create a national bank, and if so, whether a state could tax a federal institution like that bank's branch operating within its borders?
Holding
The Court ruled that Congress did have the power to create the bank, and that Maryland could not tax the federal bank's branch.
Reasoning
Congress can create institutions like a bank because it has the power to make laws necessary for carrying out its duties. States cannot tax federal institutions because taxing power can destroy them.
Opinions
Majority (Marshall): Congress may use any appropriate, constitutional means to carry out its powers, including chartering a bank, and states cannot tax that federal institution.
Test yourself
Question 1 of 5
What specific action by McCulloch triggered the lawsuit under the Maryland statute?
McCulloch, as cashier, issued bank notes that were not printed on the stamped paper required by the Maryland act, triggering the penalty provisions; he did not refuse an inspection or close the branch.
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On the exam
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Other issues in this opinion
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