by Gary North, Lew Rockwell:
The case was McCulloch v. Maryland (1819).
The legal issue: Could the state of Maryland tax the Second Bank of the United States? It was a private bank.
The issue, as stated by Chief Justice Marshall in a long, detailed decision, was this: Does the Constitution allow Congress to charter a bank? That was what Congress did in 1791: the [First] Bank of the United States. It was a central bank. Its charter lapsed in 1811.
The Second Bank of the United States was chartered by Congress in 1816.
In 1818, Maryland voted to tax the Bank. The Bank refused to pay. The Supreme Court decided in favor of McCulloch, an agent of the Bank.
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