Your Money v. Maryland?

By: Sarah Scherff

In courts today the decision is in favor of McCulloch.  Basically what had happened was that because the Congress decided to create a Second Bank of the United States.  Maryland decided that they did not enjoy the idea of having a “Second” Bank for the United States; so they decided to tax all of the notes that were issued by the banks doing business in the State but not chartered by the States legislature.  Do you sense a bit of jealousy in the State of the Country?

            James McCulloch, the Second Banks cashier, issued notes with no tax on them, being the kind gentlemen that he is.  The State had won their judgment over McCulloch in their own courts, but then it was brought to the Supreme Court. 

            Maryland decided to argue that the creation of the bank was unconstitutional, so they decided to be unconstitutional and tax the bills in the bank.  The United States argued that it was in the implied powers that they are allowed to make a new Bank for the nation.  Apparently people like to assume things.  The United States also had an argument about how no State has the ability to place a tax on any agency of the Federal Government.  Basically Big Brother is stepping up to the little guy.  This battle only lasted a short while. 

The Omnipotent Supreme Court took the time to really consider what the real problem was.  They thought about how important it is to interpret the “implied powers” and whether or not this country should be one or should be one group of States.  They unanimously reversed the Maryland courts.  Basically the courts said that the implied powers are approved by the Courts.  The Chief Justice John Marshall wrote “We admit…that the powers of the government are limited…we think the sound construction of the Constitution must allow to the national legislature that discretion…will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.  Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate…but consist with the letter and spirit of the Constitution, are constitutional.”  This was in reference to the decision by the Supreme Courts yesterday.  Hopefully what he said about the Constitution will stick to the United States’ system.  Possibly those in the future will understand why the Supreme Courts made such a fantastic decision that is helping the States become a closer, single nation.