INTERPRETATION OF THE CONSTITUTION

Interpretation of the Constitution

Interpretation of the Constitution

Introduction

In the United States, the opinions of the Supreme Court are routinely reported in the news by hundreds of journalists. Countless lawyers and judges, and regiments of local, State, and Federal officials examine the Court's rulings on a daily basis. Colleges, universities, and law schools devote many courses of study to constitutional law and constitution-related subjects. In no other country of the world is there such widespread interest in a nation's fundamental law. Probably more books and articles on the Constitution or the Supreme Court's interpretation of it are written in one year than all of the other countries of the world, writing about their constitutions, and produce in a decade. We are indeed a constitution-minded people who take their constitution seriously. (Beard, 2006, 15)

Background of the Case

The Supreme Court first settled a dispute between a national and a state law in 1819. The Second Bank of the United States had been chartered by Congress in 1816. Large sections of the country, especially the West and South, bitterly opposed the Bank. The Bank's tight credit policies contributed to an economic depression, and many states reacted against what they saw as a “ruthless money trust” and “the monster monopoly.” (Beard, 2006, 15)

Two states even prohibited the bank from operating within their jurisdictions. Six other states taxed Bank operations. In 1818 the Maryland legislature placed a substantial tax on the operations of the Baltimore branch of the Bank of the United States. The cashier of the Baltimore branch, James McCulloch, issued bank notes without paying the tax. After Maryland state courts ruled against McCulloch for having broken the state law, he appealed to the United States Supreme Court. (Richard, 2005, 18)

Constitutional Issues

One of the issues that concerned the Founders at the Constitutional Convention was how to divide power between the federal government and state governments. Reconciling national and local interests proved difficult. In the McCulloch case, the Supreme Court ruled in favour of federal power. The constitutional questions in the McCulloch v. Maryland case concern both the powers of Congress and the relationship between federal and state authorities. (Richard, 2005, 18)

The Supreme Court's Decision

Chief Justice John Marshall wrote the decision for a unanimous Court. He started with the question, “Has Congress the power to incorporate a bank?” In first determining the extent of congressional power, Marshall held that the Constitution is a creation not ...