In the Constitution, the concept of federalism is laid down to abolish the sharing of duties between the government and the states by creating a balance between them. In the constitution, it is often considered important for its attempt to help people recognize the obligations delegated to the federal and state governments. In addition, it serves to identify their common obligations, such as paying for public health, raising taxes, criminal justice, constructing bridges, and borrowing money. The settlement is granted under the Supreme Clause, which specifies the ultimate rule of the land, in the event of any dispute between the federal and state governments. The Clause establishes the Constitution civic laws and accords made under its power to be the supreme laws of the land and obliges the state laws to be subject to it in case of any conflict between the federal and state government (Tarr 69).
In the case of McCulloch v. Maryland, the state of Maryland had passed the law to levy taxes on any bank that did not chatter within the state. The bank of the United States was the only one that did not fulfill this obligation, and its Baltimore branch refused to pay taxes as per the legislative laws passed by Maryland (ThinkwellVids n.p). The state sued James McCulloch, the bank cashier held responsible for the tax being unconstitutional. The Supreme Court ruled in favor of the Congress identifying that it had implied powers to create a second bank in which the state of Maryland had no authority to tax the bank as per the Constitution. The Supreme Court applied the supreme clause of the land that gave an insight even into the current state government taxation procedures.
Tarr, Alan G. “In Search of Constitutional Federalism: American Perspectives.” Understanding Federalism and Federation, 2015, pp. 69.
ThinkwellVids. “McCulloch V. Maryland, Part 1 of 2, from Thinkwell’s American Government.” YouTube. 2009. https://www.youtube.com/watch?v=9_CDGCGQFDU&feature=youtu.be. Accessed 21 Oct. 2017.
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