<P> James William McCulloch, the head of the Baltimore Branch of the Second Bank of the United States, refused to pay the tax . The Bank was represented by Daniel Webster . The lawsuit was filed by John James, an informer who sought to collect 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 failed to state specifically that the federal government was authorized to charter a bank, that made Bank of the United States unconstitutional . </P> <P> The court upheld Maryland . The case was then appealed to the Supreme Court . </P> <P> The Court determined that Congress had the power to create the Bank . Chief Justice Marshall supported his conclusion with four main arguments: </P> <P> Firstly, he argued that historical practice established Congress's power to create the bank . Marshall invoked the first Bank of the United States history as authority for the constitutionality of the second bank . The first Congress had enacted the bank after great debate, and it was approved by an executive "with as much persevering talent as any measure has ever experienced, and being supported by arguments which convinced minds as pure and as intelligent as this country can boast ." </P>

In what supreme court decision was the right of congress to create a bank upheld
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