The CaseIn 1816 Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the Second Bank, refused to pay the tax.

The Second Bank of the U.S.

How was the Constitution violated? In this case the constitutional right of the

government to establish a bank was brought to question. With this also came the problem of whether or not it was unconstitutional for Maryland to interfere with this congressional power.

The “Original Question” of the case. The original question this case needed

to decide was whether or not McCulloch had to pay Maryland this tax, charged to the bank.

Supreme Court Argued February 22, 1819 Decided March 6, 1819

Final Decision

McCulloch won unanimously, 7-0 The Court decided Congress had the

power to incorporate the bank Maryland could not tax instruments of

the national government employed in the execution of constitutional powers

Impact People knew Congress was more powerful

than the states State laws can interfere with congressional

powers “Laws made in pursuance [of the

Constitution] thereof are supreme…they control the constitution and laws of the respective states, and cannot be controlled by them” –Chief Justice John Marshall