John Marshall, 1819

McCULLOCH V. MARYLAND – MARSHALL, John (1755-1935). Opinion of the Supreme Court of the United States, in the Case of McCulloh vs. the State of Maryland. Lexington: Printed by Joshua & Co., Office of the Kentucky Gazette, 1819.

Marshall's landmark decision on the powers of Congress: defining the Necessary and Proper Clause. When Congress established the Second Bank of the United States to manage the economic fallout from the War of 1812, many states who opposed federal banking moved to hinder its operation. Most notably, Maryland attempted to levy a tax on the Baltimore branch of the bank—a tax refused by the branch's cashier, James William McCulloch. The resulting case was brought to the Maryland Court of Appeals which ruled against McCulloch, noting that the Constitution did not specify the establishment of banks among its stated powers. In the Supreme Court, Marshall reversed this decision writing that the Necessary and Proper Clause allowed Congress to take measures not enumerated in the Constitution as long as the Constitution does not explicitly forbid it. The case is considered to be a watershed moment establishing a balance between state and federal powers.

Octavo (247 x 145mm). (Minor chip on title page, moderate browning.) Modern half-calf marbled boards.