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Constitutional Law Keyed to Rotunda
M’Culloch v. Maryland
Citation:
17 U.S. (4 Wheat.) 316 (1819)InstructorMatthew Steinberg
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Facts
Congress created the First Bank of the United States in 1790 over strong opposition by Secretary of Thomas Jefferson who said that Congress lacked the authority to create such a bank. The First Bank expired in 1811 but in 1812, the economic recession persuaded the President to support a bank’s recreation. The Second Bank, however, was criticized by many for many believed it worsened the recession. Maryland enacted a tax on any bank not chartered by the state, but branches of the Bank of the United States did not pay the tax. The federal government claimed that the Bank was a federal instrumentality and thus need not pay the state tax.
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