Is the McCulloch v. Maryland case still revelant?    

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mkoren eNotes educator| Certified Educator

The McCulloch v Maryland case is still relevant today. This case, decided by the Supreme Court in 1819, said that it was legal for the national bank to exist. The Supreme Court also ruled that the states couldn’t tax the national bank. It also said that a loose view of the Constitution was legal.

This case is relevant for several reasons. The federal government does many things that aren’t expressly mentioned in the Constitution. For example, the Social Security program and the Medicare program are government programs that aren’t mentioned in the Constitution. During the Great Depression, there were several government programs that created jobs. The Constitution doesn’t specifically mention that the federal government can create programs that employ people. A loose view of the Constitution means a person or the government can do anything unless the Constitution specifically prevents that action from happening. The actions of the government would be significantly restricted if a loose view of the Constitution wasn’t allowed.

The Federal Reserve Act passed by Congress created the Federal Reserve System. The Federal Reserve System deals closely with our nation’s banks. If the McCulloch v Maryland decision went the other way, we possibly would not have a national banking system. The Federal Reserve might not exist today.

This decision is still very relevant today.

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