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McCULLOCH V. MARYLAND

McCULLOCH V. MARYLAND. 17 U.S. 316 (1819). Argument: Question #2. The power to tax is concurrently exercised by nation and states, but the federal constitution can limit the exercise of that power by the states as the prohibition on taxing imports and exports demonstrates.

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McCULLOCH V. MARYLAND

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  1. McCULLOCH V. MARYLAND 17 U.S. 316 (1819)

  2. Argument: Question #2 • The power to tax is concurrently exercised by nation and states, but the federal constitution can limit the exercise of that power by the states as the prohibition on taxing imports and exports demonstrates. • The constitution and its laws are supreme, and any action incompatible with them must be void. • "That the power of taxing by the states may be exercised so as to destroy it [the bank], is too obvious to be denied.” • "No principle not declared, can be admissible, which would defeat the legitimate operations of a supreme government.” • "The power to tax involves the power to destroy...the power to destroy may defeat...the power to create.” • Under the Supremacy Clause Maryland may not tax the national bank.

  3. Dred Scot v. Sandford 19 Howard 393 (1857)

  4. Citizenship • Article I, §2: The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. • No person shall be a Representative who shall not have . . . been seven years a citizen of the United States. • Article I, §3: No person shall be a Senator who shall not have . . . been nine years a citizen of the United States. • Article I, §8: The Congress shall have power to . . . establish a uniform rule of naturalization.

  5. Citizenship • Article II, §1:No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President. • Article III, §2: The judicial power shall extend . . . to controversies . . . between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. • Article IV, §2: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states

  6. Black People • Article I, §2: Representatives . . .shall be apportioned . . . according to their respective numbers [populations], which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. • Article I, §9: The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight. • Article IV, §2: No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

  7. Comparing the Court’s First Two Eras

  8. The Civil War Amendments Constitutional Watershed in American Federalism

  9. 13th Amendment [1865] • Section 1. Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. • Section 2. Congress shall have power to enforce this article by appropriate legislation.

  10. 14th Amendment, ¶§ 1 [1868] • All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

  11. 15th Amendment [1870] • Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. • Section 2. The Congress shall have power to enforce this article by appropriate legislation.

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