Topic > MuCulloch v. Maryland: Federal Power - 897

In the case of McCulloch v. Maryland, the question of federal power and how much should be given to governments was opened. Chief Justice John Marshall said he wanted to expand the powers of the federal government. This created an even bigger problem between state power and that of the federal government. In 1816, Congress established the second national bank, and many states challenged its constitutionality. Maryland then taxed all banks that were not licensed by the state. James McCulloch, a federal cashier, refused to pay the tax. Maryland sued him in hopes of receiving taxes. The Supreme Court decided that the bank was constitutional, but the Maryland tax was not. The federal government subsequently gained some powers and many questions became posed to the state, federal, and national governments. Federalism is the sharing of power between the national and state governments. Considering the decisions made in McCulloch v. Maryland, federalism is an important topic for Americans. It's a conflict, trying to divide power equally and make everyone happy. John Marshall said that federalism “is continually developing and will probably continue to occur as long as our system exists.” The Constitution gives the federal government power over national interests, thus creating a problem when the two governments disagree. The federal government can also make laws affecting the entire country, but they are limited "The federal government may regulate interstate commerce under the Commerce Clause law of the Constitution, but it has no power to regulate commerce that occurs only within a single state." The Supreme Court granted more power to the federal government in 1819, after McCulloch v. Maryland, but......middle of paper...the national and state governments. These powers can be used simultaneously in the same territory and even with the same citizens "These concurrent powers include regulating elections, taxation, money lending, and establishing courts. Both national and state governments regulate business activity ." Some of the shared concurrent powers are: the power to impose and collect taxes, define crimes and establish punishments, and take private property for public use. During the McCulloch v. Maryland, competing powers are involved, because the state of Maryland imposes taxes on the banks, but the national government does not agree, the Supreme Court declares it unconstitutional. All concurrent powers are shared by the national and state governments, although conflicts may arise, the two governments work together to make the best decisions for our country.