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  • Essay / MuCulloch v. Maryland: Federal Power - 897

    In the case of McCulloch v. Maryland, this opened the question of federal power and the share that should be given to governments. Chief Justice John Marshall said he wanted to expand the powers of the federal government. This created an even bigger problem between state power and the federal government. In 1816, the Second National Bank was created by Congress, and many states questioned its constitutionality. Maryland then taxed all banks that were not licensed by the state. James McCulloch, a federal cashier, refused to pay the tax. Maryland sued him in hopes of receiving the taxes. The Supreme Court ruled that the bank was constitutional, but the Maryland tax was not. The federal government then acquired certain powers and many questions arose for the state, federal and national governments. Federalism is the sharing of power between the national and state governments. Taking into account the decisions taken in McCulloch v. Maryland, federalism is an important topic for Americans. This is a conflict that attempts to divide power equally and make everyone happy. John Marshall said that federalism "appears perpetually and will probably continue to appear as long as our system exists." The constitution grants power to the federal government over national concerns. So this creates a problem when the two governments do not agree. The federal government can also enact laws affecting the entire country, but they are limited. “The federal government may regulate interstate commerce consistent with the Constitution. Commerce clause of the Constitution, but does not have the power to regulate commerce that occurs only within a single state. "The Supreme Court granted more power to the federal government in 1819, after McCulloch v. Maryland, but...... middle of document ......national and state governments. These powers can be used at the same time in the same territory and with the same citizens as well "These competing powers include the regulation of elections, taxation, borrowing money and establishing. courts. Both national and state governments regulate business activity. "Some of the concurrent shared powers are: the power to levy and collect taxes, to define crimes and set penalties for them, and to confiscate private property for public use. During the case of McCulloch v. In Maryland, competing powers were involved, as the state of Maryland levied taxes on banks, but the national government disagreed. The Supreme Court declared this unconstitutional. All competing powers are shared by. the national and state governments, although conflicts may arise, both governments work together to make the best decisions for our country..