Today Students Will: Participate in role play activities and create a flow chart to depict the details and significance of the following Supreme Court cases: Marbury v. Madison McCulloch v. Maryland

Warm UP:  What is judicial review?  What does the supremacy clause mean for our government?

Landmark Supreme Court Cases Marbury v. Madison McCulloch v. Maryland

Marbury v. Madison: Case Background  Election of 1800  Thomas Jefferson and the Democratic-Republican Party replace John Adams and the Federalist Party  Adams nominates dozens of federal judges but does not deliver all commissions  Jefferson refuses to deliver them via James Madison when he takes office

Marbury v. Madison Constitutional Issue  John Marbury petitioned the S.C. for a petition of mandamus to force Madison to deliver his commission.  Could the Supreme Court force the Executive Branch to take such action?

Marbury v. Madison Questions Before the Court  Was Marbury legally appointed?  Yes  Was the Judiciary Act of 1789—the law that gave the court power to issue a writ—legal?  NO

Marbury v. Madison The Decision By declaring the Judiciary Act of 1789 unconstitutional, the Supreme Court established its right to review the actions of the other two branches.

McCulloch v. Maryland Case Background  In 1816, Congress established the Second National Bank.  States opposed the opening of branches throughout the country.

McCulloch v. Maryland Constitutional Issue  Maryland passed a $1500 tax on the bank which James McCulloch of the Baltimore branch refused to pay.  McCulloch was sued by MD and took his case to the Supreme Court

McCulloch v. Maryland Questions Before the Court  Did the Congress have the power to establish a bank?  Yes  Did Maryland have the power to tax the National Bank?  No

McCulloch v. Maryland The Decision  Supreme Court ruling base on the elastic and supremacy clauses.  It could be deemed “necessary and proper” that Congress create a bank and because the national govt is supreme, MD had no right to tax it.

Learning Log  Which of the Supreme Court cases discussed in class today do you think had the greatest impact on the development of U.S. Government?  Explain your choice!