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Gibbons v. Ogden Summary - digitales.com.auThe Lehrman Institute. A political showdown between Maryland and the national government emerged gibbons v. ogden James McCulloch, an agent for the Baltimore branch of the Second Bank, refused to pay a tax that Maryland had imposed on all out-of-state chartered banks.
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The standoff raised two constitutional questions: Did Congress have the authority to charter a national bank? Were states allowed to tax federal property?
In McCulloch v. MarylandChief Justice John Marshall Figure argued that Congress could create a national bank even though the Constitution did not expressly authorize it.
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McCulloch v. Maryland17 U. In other words, the bank was an appropriate instrument that enabled the national government to carry out several of its enumerated powers, such as regulating interstate commerce, collecting taxes, and borrowing money.
This ruling established the doctrine of implied powers, granting Congress a vast source of discretionary power to achieve its constitutional responsibilities. The Supreme Court also sided with the federal government on the issue of whether states could tax federal property. Under the supremacy clause of Article VIlegitimate national laws trump conflicting state laws. Defining the scope of national power was the subject of another landmark Supreme Court 1824 in gibbons v. ogden In Gibbons v.
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Ogdenthe court had to interpret the 1824 clause of Article ISection 8; specifically, it had to determine whether the federal government had the sole authority to regulate the licensing of steamboats operating between New York and New Jersey. Gibbons v. Ogden22 U. Aaron Ogden, who had obtained an exclusive license from New Br zombies State to operate steamboat ferries between Gibbons v.
ogden York City and New Jersey, sued Thomas Gibbons, who was operating ferries along giibbons same route under a coasting license issued by the federal government. Gibbons lost in New York state courts and appealed.
Chief Justice Marshall delivered a two-part ruling in favor of Gibbons that strengthened the power of the national government. Various 1824 railed against the nationalization of power that had been going on since 1824 late s. When President John Adams signed the Sedition Act inwhich made it a crime to speak openly against the government, the Kentucky and Virginia legislatures passed resolutions declaring the act null on the grounds that they retained the discretion to follow national laws. In effect, these resolutions articulated the legal reasoning underpinning the gibbonw of nullification —that states had the right to reject national laws they deemed unconstitutional.]
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