The Supremacy of Federal Law 1819

The Supremacy of Federal Law 1819

The Supremacy of Federal Law 1819
The Supremacy of Federal Law 1819 – The Old Supreme Court Chamber, where Chief Justice John Marshall presided. The North Wing is pictured here in 1800.

McCulloch v. Maryland, John Marshall (1755–1835)

McCulloch v. Maryland – 17 U.S. (4 Wheat.) 316 (1819)

RULE: A solid design of the Constitution must provide the national legislature the discretion to choose the ways by which the powers it confers are to be carried out, allowing that body to carry out the great responsibilities it has been entrusted with in the most advantageous way for the people.

All measures that are acceptable, that are clearly tailored to that purpose, that are not forbidden, but comply with the language and spirit of the Constitution, are constitutional.

FACTS: The state of Maryland sued McCulloch to recover fines imposed under a Maryland law that levied a levy on all banks in the state of Maryland that were not chartered by the Maryland legislature.

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