Click to edit Master subtitle style 9/30/2016 Famous Court Cases #1

9/30/2016 McCoullough V. Maryland

9/30/2016  The United States, at this time (1819) had a federal bank, the Bank of the United States.  The State of Maryland voted to tax all bank business not done with state banks. Also meant to tax people that lived in Maryland but people that did business with banks.  Maryland also sought to tax the federal bank and McCoullough refused to pay it then The State of Maryland sued, and the Supreme Court accepted the case.

9/30/2016  Chief Justice John Marshall wrote that the federal government did indeed have the right and power to set up a federal bank. he also wrote, a state did not have the power to tax the federal government.  The Chief John Marshall decided we must never forget the constitution.  Court ruled that Maryland did not have the power to destroy a duly constituted institution of the Federal Government

9/30/2016 Gibbons V. Ogden

9/30/2016 The New York Legislature had passed a law giving a monopoly on steamship travel to and in New York state to a group of investors. That includes Robert Fulton, the inventor of the steamship Clermont. Among the people who had permission to do business under this monopoly was Aaron Ogden.  Thomas Gibbons, another steamship trader, wanted to use the New York waterways for his business, too. He had been given federal permission to do so.

9/30/2016 He was denied access to these waterways by the State of New York, which cited its law as enforcement. Gibbons sued Ogden, and the Supreme Court agreed to decide the case. Marshall, said that the U.S. Constitution had a commerce clause that allowed the federal government to regulate commerce, in this case trade, wherever it might be, including within the borders of a state. But Marshall's opinion said that the commerce clause applied here, too. So the Supreme Court extended the definition of interstate commerce and cemented the power of the Fed government over the states when laws conflicted.

9/30/2016 United States V. Nixon

9/30/2016 ● When Nixon's White House tapes demonstrated that he had authorized the payment of "hush money" to those involved in the Watergate break-in, and it became clear that he was about to be impeached, Nixon resigned. ● President nixon thought he had the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest. ● The question was from the president-Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review? ● No. The Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege. But gave preference to "the fundamental demands of due process of law in the fair administration of justice."

9/30/2016 ● So the government told him yes he had the right but then they still had to release the tapes anyways shortly after he resigned and went under the radar. ● There was much talk of a criminal prosecution after he left office. Gerald Ford, the Vice President who had taken over as President at Nixon's resignation, was constantly asked about the subject.