McCulloch v. Maryland


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McCulloch v. Maryland

An 1819 United States Supreme Court case holding that the federal government has the ability to pass laws for which the Constitution does not expressly provide, so long as they are used to further the powers that the Constitution gives to the federal government. Specifically, the Court ruled that Congress had the authority to charter the Second Bank of the United States even though the Constitution did not specify a power to charter banks. McCulloch v. Maryland was one of the most important early cases establishing federal supremacy over the states in matters even tangentially related to the powers that the Constitution gives Congress.
References in periodicals archive ?
McCulloch v. Maryland, (52) a major target of Jackson's veto message, (53) set forth an entirely different model of Congress's authority to delegate powers to private bankers, founded on an entirely different attitude toward bankers' trustworthiness in advancing the public interest.
(90) The Court justified this result on "[t]he reasoning of Secretary Hamilton and of this court in McCulloch v. Maryland ...
Hobson's assertion comes in the course of discussing three cases: McCulloch v. Maryland, 17 U.S.
(243.) See, e.g., John Yoo, McCulloch v. Maryland, in CONSTITUTIONAL STUPIDITIES, CONSTITUTIONAL TRAGEDIES 241 (William N.
Calling McCulloch v. Maryland a landmark decision is a bit like calling Michael Jordan a basketball all-star.
Section III.C shows how the Reconstruction Court's interpretation of the amendment likewise continued the tradition of judicial deference that began with McCulloch v. Maryland.
641, 650-51 (1966) ("[T]he McCulloch v. Maryland standard is the measure of what constitutes `appropriate legislation' under [sections] 5 of the Fourteenth Amendment."); South Carolina v.
(89.) See Gerald Gunther, Introduction to JOHN MARSHALL'S DEFENSE OF MCCULLOCH V. MARYLAND 1, 3-4 (Gerald Gunther ed., 1969).
See A Virginian's `Amphictyon' Essays in Gerald Gunther, ed., John Marshall's Defense of McCulloch v. Maryland 55 (Stanford U.