Introduction

The following essay is about a case of the Supreme Court of the United States. This case has shaped history of the constitutional law of the U.S. because it deals with the balance between state and government powers.

The following presentation is divided in six parts. First, we will analyze the citation of the case. Then, we will expose the facts of the case; on one hand the material facts and on the other hand the legal facts. Afterwards, we will go through the legal issues, the holding and the legal rationale. The last part contains the reasoning of the Court and the principle of law present in the case. Finally, we will examine the impact of the case.

I. Citation

The case analyzed bellow is a case which is called McCulloch v. Maryland. It was argued on February 22, 1819 and decided in March, 6, 1819, by the U.S. Supreme Court of the United States of America. The opinion of the Court was delivered by Chief Justice John Marchall, « a man a man whose many judicial opinions have shaped modern constitutional law »[1].

The case is officially published in a set of case books called The United States Reports, the number of the case is 17 U.S. 316 (1819).

II. The facts

A. Material

§1. Background

In order to understand the case properly, we need to grasp the background in which the case was brought.

a) The First Bank of the United States

When the Constitution was adopted, the question was to see who would be allowed to say what it meant. This question arose when it was proposed to create a bank under Washington’s first administration. The opinions of Hamilton (the Secretary of the Treasury) and Jefferson (then, Secretary of State) have been asked. According to Hamilton, the bank was valid, because it was an exercise of implied powers. In opposition Jefferson said that this would authorize the federal Government to do anything it pleased. It is important to mention that Jefferson was not the only person who