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Order in the Court Landmark Supreme Court cases that outlined the powers of the Judicial Branch

Oyez! Oyez! Oyez! (pronounced o-yea) All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention for the Court is now sitting. God save the United States and this Honorable Court!

Case #1: Marbury v. Madison

Chief Justice John Marshall The Plaintiff: William Marbury The Judge: Chief Justice John Marshall The Defendant: James Madison

John Adams lost to Thomas Jefferson in the Election of 1800. The Case John Adams lost to Thomas Jefferson in the Election of 1800. John Adams Thomas Jefferson Before leaving office, Adams appointed his Secretary of State, John Marshall, to Chief Justice of the Supreme Court. He also appointed 42 other Federalists to judiciary positions.

Before taking the judgeship, John Marshall was to deliver (informs) the 42 new judges of their appointments. He was able to deliver only 17. He assumed his successor, James Madison would deliver the rest. James Madison

James Madison was the new secretary of state, and President Jefferson told him not to deliver the appointments. William Marbury, appointee to Justice of the Peace William Marbury, an appointee, filed suit against James Madison because he did not get his appointment. You’re a judge

The Issue What are the powers of the Supreme Court, especially when making decisions about the Constitution?

The Decision Chief Justice John Marshall, declared that Madison should have delivered the appointment to Marbury, but the Court also argued that the Judiciary Act which Marbury used to force his appointment was unconstitutional.

Constitutional Significance 1. Judicial Review: The case established the Supreme Court’s right to review acts of the President and Congress and declare them unconstitutional.

2. The Supreme Court became the final authority on what the Constitution really means. In Marshall’s own words: “The Constitution is the supreme law of the land. It is emphatically the duty of the judicial department to say what the law is.”

3. Judicial review made the Supreme Court an equal partner in the United States government and an essential player in the system of checks and balances. Supreme Court Congress President = =

Case #2: McCulloch v. Maryland

Chief Justice John Marshall The Plaintiff: James McCulloch The Judge: Chief Justice John Marshall The Defendant: the state of Maryland

Many people opposed the constitutionality of the Bank of the U.S. No more bank State banks said the creation of the national banks presented unfair competition. In an effort to help state banks, Maryland issued a tax on the U.S. Bank of Baltimore.

The chief cashier of the Bank of the U. S The chief cashier of the Bank of the U.S., James McCulloch, refused to pay the tax. Maryland took McCulloch to court in the state court, and the ruling was that McCulloch had to pay the tax. McColloch appealed to the Supreme Court.

The Decision The Supreme Court ruled in favor of McColloch and the national government.

The Issue Bank of the U.S. Does the federal government have the power to create Congress-chartered institutions such as the Bank of the United States?

Constitutional Significance 1. Chief Justice Marshall and the Court ruled that the national government did have the authority to create the national bank.

2. The power of the national government was strengthened, thereby enabling the national government to grow and meet the problems that the Founding Fathers were unable to foresee.

Case #3: Gibbons v. Ogden

Chief Justice John Marshall The Plaintiff: Aaron Ogden The Judge: Chief Justice John Marshall The Defendant: Thomas Gibbons

Aaron Ogden was a licensed steamboat operator who had a monopoly (exclusive control) on steamboat operations between New York and New Jersey. Gibbons also operated steamboats between the two states but did not have a license.

Ogden won, but Gibbons issued an appeal to the U.S. Supreme Court. Ogden sued Gibbons to keep him from operating his unlicensed steamboat. Ogden won, but Gibbons issued an appeal to the U.S. Supreme Court.

Article I of the Constitution gives Congress the power to “regulate commerce with foreign nations, and among the several States……..”

The Issue Who should regulate commerce (trade) the states or the federal government?

1. The Supreme Court expanded the Constitutional Significance 1. The Supreme Court expanded the meaning of the definition of commerce to increase the national government’s power to regulate commerce.

2. The commerce clause gave the national government has the authority to control all areas of economic activity in the United States.

“Architect of the American constitutional system.” John Marshall “Architect of the American constitutional system.”

Until John Marshall became the 4th Chief Justice of the Supreme Court, the Court was seen as having little power, with almost no influence over the other two branches. President Congress Supreme Court

In a series of brilliant decisions from 1800-1835, Marshall almost single-handedly gave new power to the Constitution.

Marshall established three basic principles that became the foundation of the federal union. 1. The principle of judicial review gave the Supreme Court power to determine if a law was unconstitutional.

2. The Supreme Court had the power to set aside laws of state legislatures when these laws were contrary to the federal Constitution. 3. The Supreme Court had the power to reverse the decisions of state courts.

Marshall argued that it is necessary for those interpreting and living under the Constitution to treat it as a “living” document that can be accommodated to the changing needs of the American people.