Question of the Day Answer & Explanation

Advanced Placement-Style United States History
Question of the Day--Answer and Explanation

John Marshall engraving by Asher Durand
Image Source: Wikimedia Commons (public domain)

Question 951:

The McCulloch v. Maryland decision by the Marshall Court

    (A) was the first to rule a law of Congress unconstitutional
    (B) prevented the midnight judges from taking their positions
    (C) concerned the binding nature of contracts
    (D) ruled that a state could not tax a federal institution, in this case the Bank of the United States
    (E) concerned the rights of Indian tribes in conflict with those of a state's

Answer:

(D) ruled that a state could not tax a federal institution, in this case the Bank of the United States

Explanation:

The McCullough v. Maryland ruling in 1819 upheld the supremacy of the national government, a prime consideration for John Marshall, Chief Justice from 1801 to 1835. Maryland sought to tax the Bank of the United States. Reasoning that "the power to tax involves the power to destroy," Marshall and the Court upheld the right of Congress to establish a bank and the bank's right to avoid state taxation.

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