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McCulloch Vs. Maryland
may be established; taxes may be imposed and collected; armies and navies may be raised and maintained; and money may be borrowed, without requiring an oath of office. 8 Later history edit McCulloch. In 1817, the Bank opened a branch. John Marshall: Definer Of A Nation. Much more might the legitimacy of the General Government be doubted had it been created by the States.
The Court invoked the. Each house may determine the rule of its proceedings, and it is declared that every bill which shall have passed both houses shall, before it becomes a law, be presented to the President of the United States. Yet all admit the constitutionality of a Territorial Government, which is a corporate body. That the power of taxing it by the States may be exercised so as to destroy it is too obvious to be denied. Maryland was cited in the first substantial constitutional case presented before the High Court of Australia in D'Emden v Pedder (1904 which dealt with similar issues in the Australian Federation. In the course of the argument, the Federalist has been"d, and the opinions expressed by the authors of that work have been justly supposed to be entitled to great respect in expounding the Constitution. Had it been intended to grant this power as one which should be distinct and independent, to be exercised in any case whatever, it p422 would have found a place among the enumerated powers of the Government. This provision is made in a Constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs. But the two cases are not on the same reason. The original power of giving the law on any subject whatever is a sovereign power, and if the Government of the Union is restrained from creating a corporation as a means for performing its functions, on the single reason that the creation of a corporation. In America, the powers of sovereignty are divided between the Government of the Union and those of the States.
To have prescribed the means by which Government should, in all future time, execute its powers would have been to change entirely the character of the instrument and give it the properties of a legal code. But is this a case of confidence? Marshall also noted that the Necessary and Proper Clause is listed within the powers of Congress, not its limitations. The baneful influence of this narrow construction on all the operations of the Government, and the absolute p418 impracticability of maintaining it without rendering the Government incompetent to its great objects, might be illustrated by numerous examples drawn from the Constitution and from our laws.