James William McCulloch, head of the Baltimore Branch of the Second Bank of the United States, refused to pay the tax and the bank was represented by Daniel Webster. The lawsuit was filed by John James, an informer who sought to collect one half of the fine as provided for by the statute. The case was appealed to the Maryland Court of Appeals where the state of Maryland argued that "the Constitution is silent on the subject of banks. '' It was Maryland 's contention that because the Constitution did not specifically state that the federal government was authorized to charter a bank, the Bank of the United States was unconstitutional. The court upheld Maryland. The case was then appealed to the Supreme Court.
n mcculloch v. maryland what did the state of maryland argue
"the Constitution is silent on the subject of banks. '' It was Maryland 's contention that because the Constitution did not specifically state that the federal government was authorized to charter a bank, the Bank of the United States was unconstitutional