Question/Problem 2: How did individuals and states challenge the power of the federal government in the young nation?

Background

The idea of a national bank had been very controversial from its beginning in 1791. In fact, in 1811 Congress failed to renew the charter for the bank. In 1816 a second bank of the United States was approved with another twenty±year charter. Criti cism of the constitutionality of the bank continued. The state of Maryland brought the issue to the Supreme Court by attempting to collect fees from one of the national bank's branches. In McCulloch v. Maryland (1819), Chief Justice John Marshall delive red the Court's opinion on state v. federal power and the constitutionality of the bank as an exercise of the "necessary and proper" clause of the Constitution.

If any one proposition could command the universal assent of mankind, we might expect it would be this: that the government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily fr om its nature. It is the government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those s ubjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason: the people have, in express terms, decided it, by saying, 'this constitution, and the laws of the United States, which shall be made in pursuance thereof,' 'shall be the supreme law of the land, 'and by requiring that the members of the State legislatures, and the officers of the executive and judicial departments of the States, shall take the oath of fidelity to it.

The government of the United States, then, though limited in its powers, is supreme [in its sphere]; and its laws, when made in pursuance of the constitution, form the supreme law of the land, 'anything in the constitution or laws of any State, to th e contrary, notwithstanding.'...

After the most deliberate consideration, it is the unanimous and decided opinion of this court, that the act to incorporate the Bank of the United States is a law made in pursuance of the constitution, and is a part of the supreme law of the land....

Henry Steele Commager, Documents of American History; pp. 214, 218.

Directions: Using all the information shown above answer questions 1-4.

1. What were the reasons for the conflict?

2. How did the state of Maryland challenge the power of the federal government?

3. What specific power of the federal government did the state of Maryland challenge?

4. How did John Marshall view the power of the federal government in this conflict?

Use your textbook or other resources to answer the following question.

5. What was the outcome of the state of Maryland's challenge?