McCulloch v. Maryland Facts

1. McCulloch v. Maryland Facts Maryland enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The Second Bank of the United States was established by an 1816 act of Congress. McCulloch, the cashier of the Baltimore branch of the Bank of the United States refused to pay the tax. Maryland sued McCulloch for failing to pay the taxes due

2. McCulloch v. Maryland Issues Does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution? Does the State of Maryland have the power to tax an institution created by Congress using its powers under the Constitution?

3. McCulloch v. Maryland Ruling Yes. Congress has power under the Constitution to incorporate a bank pursuant to the Necessary and Proper clause (Article I, section 8). No. The State of Maryland does not have the power to tax an institution created by Congress using its powers under the Constitution (Article 6, Supremacy Clause)

4. Gibbons v. Ogden Facts New York granted Robert R. Livingston and Robert Fulton the exclusive right of steam boat navigation on New York state waters. Livingston assigned to Ogden the right to navigate the waters between New York City and certain ports in New Jersey. Ogden brought this lawsuit seeking an injunction to restrain Gibbons from operating steam ships on New York waters in violation of his exclusive privilege. Ogden was granted the injunction and Gibbons appealed, asserting that his steamships were licensed under an Act of Congress Gibbons asserted that the Act of Congress superseded the exclusive privilege granted by the state of New York.

5. Gibbons v. Ogden Issues May a state enact legislation that regulates a purely internal affair regarding trade or the police power which confers a privilege inconsistent with federal law? Does a state have the power to grant an exclusive right to the use of state waterways inconsistent with federal law?

6. Gibbons v. Ogden Ruling No. A state may not pass legislation inconsistent with federal law which regulates a purely internal affair regarding trade or the police power. No. A state does not have the power to grant an exclusive right to the use of state navigable waters inconsistent with federal law.

7. Article 4 Full Faith and Credit State governments must recognize the public acts, records, and judicial proceedings of other states Extradition Returning a fugitive criminal to the state where the crime is said to have been committed. Privileges and Immunities States cannot discriminate against citizens of other states.