Implied Powers of the National Government **Court Cases** Implied Powers of the National Government

McCulloch vs. Maryland Background Info Needed money to pay for war debt from War of 1812 Needed to borrow money from many state banks to pay bills Congress opted to form a National Bank The State of Maryland decided to tax bank so people would not use National Bank

Questions Considered? Did Congress have the power to form a nation bank? Implied powers from necessary and proper clause Could Maryland tax a national bank, or did it interfere with federal powers?

Supreme Court’s decision The national government could establish a national bank States could not tax it Congress does have implied powers The Supremacy Clause states that the federal government is above state governments

You Need to Write … Ruled that in a conflict between national and state powers, the national government is SUPREME!!  PIGGY BANK 

Marbury Vs. Madison At the very end of his term, President John Adams had made many federal appointments, including William Marbury as justice of the peace in the District of Columbia. Thomas Jefferson, the new president, refused to recognize the appointment of Marbury.

The normal practice of making such appointments was to deliver a "commission," or notice, of appointment. This was normally done by the Secretary of State. Jefferson's Secretary of State at the time was James Madison. At the direction of Jefferson, Madison refused to deliver Marbury's commission. Marbury sued Madison, and the Supreme Court took the case. I’M MAD AT YOU 

Supreme Court’s decision Chief Justice John Marshall wrote that the Judiciary Act of 1789, which spelled out the practice of delivering such commissions for judges and justices of the peace, was unconstitutional because it the gave the Supreme Court authority that was denied it by Article III of the Constitution. Thus, the Supreme Court said, the Judiciary Act of 1789 was illegal and not to be followed.

You Need to Write … Established the Supreme Court’s power of Judicial Review Judicial Review: The Power of the Supreme Court to say if any law or government action is unconstitutional

Gibbons vs. Ogden The New York Legislature had passed a law giving a monopoly on steamship travel in New York state to a group of investors, including Robert Fulton, the inventor of the steamship Clermont. Among the people who had permission to do business under this monopoly was Aaron Ogden. VIDEO :)

He had been given federal permission to do so. 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. 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. I’M GOING TO SUE YOU 

Supreme Court’s decision The majority opinion, written by 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. Previously, it was thought that the federal government had power over only interstate commerce. But Marshall's opinion said that the commerce clause applied here, too. Thus, the Supreme Court extended the definition of interstate commerce and cemented the power of the federal government over the states when laws conflicted.

You Need to Write … Established that Congress has sole authority to regulate interstate commerce