(Warm-Up 12-6) Which Supreme Court case set up the principle of judicial review? Gibbons v Ogden Marbury v Madison McCulloch v Maryland Engel v Vitale What clause of the constitution did the supreme court point to in its decision in Gibbons v Ogden? A) Supremacy Clause B)Elastic Clause C)Correct and Proper Clause D)Commerce Clause
Marbury v Madison Issue: Marbury never received his papers from Madison to be a judge. Decision: The court does not have the power to grant Marbury his job. Why is matters: Establishes Judicial Review. Giving the Supreme Court the right to determine if a law is Constitutional.
Gibbons v Ogden Issue: Gibbons had a federal license. Ogden had a state license from New York. Decision: Court sided with Gibbons. They said the federal government had the power to regulate interstate trade, not the states. Why it matters: Establishes the strength of the National Government over the states.
McCulloch v Maryland Issue: Maryland tries to put a tax on the national bank to force it out of business and says federal government doesn’t have the power to build a bank in the first place. Decision: States can’t tax the federal government. Why it matters: This case says federal government is stronger than state governments.
Let’s Review… Brainpop Video
Checks and balances Legislative checks executive: 1)Override a veto 2)Impeach the president 3)Approve presidential appointments 4)Approves money for federal agencies Legislative checks judicial: 1)Approves judges 2)Can create courts
Checks and balances Executive checks legislative: 1)Can veto laws Executive checks Judicial: 1)Appoints judges
Checks and balances Judicial checks legislative: 1)Can declare laws unconstitutional Judicial checks executive: 1)Justices serve for life 2)Can declare executive actions unconstitutional.