McCulloch Vs Maryland Video Script

Introduction:

Narrator: In 1791, under the influence of Alexander Hamilton, the United States congress chartered a bank, an agency to assist the federal government in its financial endeavors. Thomas Jefferson and his supporters protested relentlessly. Jefferson said the constitution withheld many enumerated powers, though power to have a national bank was not one of them. The federal bank, therefore, was unconstitutional. Hamilton then responded that they can enact all laws which are "necessary and proper." The bank was "necessary" to collect taxes, expand nation's welfare, conduct war, etcetera. The federal bank, therefore, is constitutional. Hamilton's view was accepted by congress and the president. In 1818, the bank's existence was in danger. The debate for and against a federally operated bank was argued in the Supreme Court in the case known as McCulloch versus Maryland. Every American had picked a side, after all the argument became less about a national bank and more about the strength of the federal government. The fight against the bank was to limit power federally. McCulloch versus Maryland entailed the biggest question, who is supreme? The outcome, at the time, was not a popular decision yet it provided the basis for American government as we know it today.

John James and James McCulloch encounter at Baltimore branch of U.S. National Bank:

Narrator: The origins of McCulloch versus Maryland streches back to the latter days of April 1818 when John James, a Maryland official, paid a visit to the Baltimore branch of the national bank. The reason for the visit was the national bank's failure to comply with the state law that all notes must be printed on Maryland stamped paper.

[enter John James and James McCulloch]

James McCulloch: Mr. James?

John James: John James, treasurer of the western shore of Maryland.

James McCulloch: I am James McCulloch, head of the Baltimore branch of the Bank of the United States.

[shake hands and sit down at McCulloch's desk]

James McCulloch: You have my full attention, Mr. James.

[John James lays note on McCulloch's desk]

John James: Do you recognize this bank note, Mr. McCulloch? It's issued by the national bank, is it not?

James McCulloch: Indeed.

John James: Mr. McCulloch, you are aware of the Maryland law that states all notes issued by this institution must be printed on stamped paper? Stamped paper bought from the State? Now again, is this note printed on stamped paper?

James McCulloch: No sir.

John James: The paper you need, sir, is saved in my vault. I have offered it to you many, many times. I'm here to warn you, Mr. McCulloch, there is five hundred dollar fine for each and every instance of which this law is broken. We will ensure you are to pay it and if not we will not hesitate to take you to court.

James McCulloch: Suit yourself, Mr. James. We have no intention of paying the state tax. Under the circumstance you want to take the national bank to court, please do.

John James: Mr. McCulloch, I'll see you in court.

[end scene]

Narrator: John James held his word and took James McCulloch and the U.S. bank to court. What James demanded was that the national bank begin to pay the tax as well as paying a $2,500 fine for previous failure to comply. The case was held before the Baltimore county court which soon appealed the case to the Supreme Court.

Supreme Court hearing:

John Marshall: We are gathered today for the hearing of McCulloch versus Maryland.

Luther Martin: The bank has been doing business without paying the Maryland tax. It's common knowledge.

John Marshall: Mr. Pinckney, is there any reason your client should not be found guilty as charged.

Charles Pinckney: Yes, your Honor. We suggest the Maryland law is unconstitutional.

John