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Published byDwain Hamilton Modified over 9 years ago
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Alek Henningsgard
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Maryland James W. McCulloch Second bank of the United States
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Maryland passed a law that would allow them to tax all out of state banks operating in Maryland. It was specifically targeted at Second Bank of the United states ◦ Only out of state bank James W. McCulloch operator of the Baltimore branch refused to pay.
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Maryland believed the Bank was unconstitutional and should be shut down.
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The Supreme Court voted unanimously with the Bank. Chief Justice John Marshall stated that “the constitution and the laws made in pursuance thereof are supreme... they control the constitution and laws of the respective states, and cannot be controlled by them.”
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This case established the following principles: The Constitution grants Congress implied powers to implement the Constitution's powers. State action may not impede valid constitutional exercises of power by the Federal government.
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