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Mcculloch Vs Maryland Case Study

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Anthony Cuda
HST 388
Court in Context
9/21/14
McCulloch vs. Maryland Court in Context In order to fully understand how gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time. …show more content…
Maryland is a great example of a monumental case because the result of this case lead to the creation of what is known as the “elastic clause.” McCulloch v. Maryland was a case that exercised the Supreme Court’s ability to act out its functions of legitimation. This case was brought to Supreme Court Chief Justice John Marshall in 1819. Many consider this to be the next most important case after Marbury v. Madison because of the landmark ruling that was carried out by Marshall. This case was important because it helped shape the future power of Congress. The first question asked by Marshall was, “Has Congress the power to incorporate a bank?” Preceding this case, there was not anything written in the Constitution about Congress being able to create a

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