Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... chapter iv. the federal government and the states.! M'culloch V. state op maryland. Supreme Court of the United States. 1819. 4 Wheaton, 316. Error to the court of appeals of the State of Maryland (In April, 1816, Congress incorporated the Bank of the United States. In February, 1818, the general assembly of Maryland imposed "a tax on all banks, or branches thereof, in the State of Maryland, not chartered by the legislature." McCulloch, the cashier of the branch of the Bank of the United States established in the city of Baltimore, violated the latter act by issuing notes upon unstamped paper. The question submitted to the court for their decision in this case is as to the validity of the said act of the general assembly of Maryland, on the ground of its being repugnant to the Constitution of the United States, and the act of Congress aforesaid, or one of them.) Marshall, C. J., delivered the opinion of the court..... The first question made in the cause is, has Congress power to incorporate a bank f In discussing this question, the counsel for the State of Maryland have deemed it of some importance, in the construction of the Constitution, to consider that instrument not as emanating from the people, but as the act of sovereign and independent States. The powers of the general government, it has been said, are delegated by the States, who alone are truly sovereign; and must be exercised in subordination to the States, who alone possess supreme dominion. It would be difficult to sustain this proposition. The convention which framed the Constitution was, indeed, elected by the State legislatures. But the instrument, when it came from their hands, was a mere pr
