USSC - McCulloch v. Maryland (ebook)

  • USSC - McCulloch v. Maryland (ebook)
  • USSC - McCulloch v. Maryland (ebook)
  • USSC - McCulloch v. Maryland (ebook)
  • USSC - McCulloch v. Maryland (ebook)

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McCulloch v. Maryland, 17 U.S. 316 (1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable, the U.S. Bank was the only out-of-state bank then existing in Maryland, and the law is generally recognized as having specifically targeted the U.S. Bank. The Court invoked the Necessary and Proper Clause in the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers as long as those laws are in useful furtherance of the express powers.

This fundamental case established the following two principles:
The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
State action may not impede valid constitutional exercises of power by the Federal government.

The opinion was written by Chief Justice John Marshall.

This decision is very readable by everyone and great for anyone interested in learning more about the supreme court, history, or the subject of the case.

LANDMARK DECISION:
A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue. Certain cases within this category are widely known in legal studies and may be reviewed by law students even if they have been overturned by later decisions.

The term "landmark decision" is not a formal legal term but a colloquialism, however it is in widespread use amongst legal professionals — over 5,000 published opinions of lower courts can be found identifying some precedent as a landmark decision in the field of law being addressed.

FEATURES:
• This eBook has internal links, in both directions, between footnotes and citations within the rulings themselves.
• It remembers where you last were reading
• Very fast to open and display.
• Self contained and therefore does not require internet.
• Excellent reference material for lawyers, teachers and students.
• Has ability to tele-read at a settable pace so as to avoid use of screen gestures.
• This is a reference work eBook eReader.

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