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McCulloch is a Federalism case. The case itself involved the Bank of the United States. This was the second bank; the first bank having been assigned into law and allowed to lapse over time. The Second Bank of the United States is created and it becomes, under challenged, as perhaps exceeding the enumerated powers of the Federal government. When the court decided this issue, it was deciding an issue that had been debated all the way back to the original Philadelphia convention. In the convention, they debated whether or not to grant the national government power to charter corporations like a national bank. That discussion ended with the framers deciding not to give Congress that power. Nevertheless, after the original Constitution was ratified, the first Congress decided to charter a national bank and it was met with resistance by men like James Madison, who argued that in fact, no, the Federal government was not to have power to charter these independent organizations that could beco
