Interpretation of the US Constitution US Supreme Court before 1830

McCulloch v. Maryland (1819) Argued: February 22, 1819 Decided: March 6, 1819 Facts of the Case In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Question Presented The case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Argued: February 22, 1819 Decided: March 6, 1819 Facts of the Case In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Question Presented The case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers?

McCulloch v. Maryland (1819) Article I, Section 8 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Article IV This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Article I, Section 8 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Article IV This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

McCulloch v. Maryland (1819) Ruling The Supreme Court ruled that the Necessary and Proper Clause gave Congress the power to establish a national bank. Chief Justice John Marshall, in his opinion for the Court, supported a loose construction of the Constitution. He wrote that the Constitution, unlike a legal code, contained the broad outlines of government power, not every small detail. “The power to tax involves the power to destroy.” “We must never forget that it is a constitution we are expounding.” –Chief justice J. Marshall Question: –How do the above quotes relate to the ruling in this case Ruling The Supreme Court ruled that the Necessary and Proper Clause gave Congress the power to establish a national bank. Chief Justice John Marshall, in his opinion for the Court, supported a loose construction of the Constitution. He wrote that the Constitution, unlike a legal code, contained the broad outlines of government power, not every small detail. “The power to tax involves the power to destroy.” “We must never forget that it is a constitution we are expounding.” –Chief justice J. Marshall Question: –How do the above quotes relate to the ruling in this case

Gibbons v. Ogden Argued: February 4, 1824 Decided: March 2, 1824 Facts of the Case A New York state law gave Gibbons the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this one were duplicated in many states which led to friction as some states would require foreign (out-of- state) boats to pay substantial fees for navigation privileges. In this case a steamboat owner (Ogden) who did business between New York and New Jersey challenged a law which forced him to obtain an operating permit from the State of New York to navigate on that state's waters. Question Presented Did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce? Argued: February 4, 1824 Decided: March 2, 1824 Facts of the Case A New York state law gave Gibbons the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this one were duplicated in many states which led to friction as some states would require foreign (out-of- state) boats to pay substantial fees for navigation privileges. In this case a steamboat owner (Ogden) who did business between New York and New Jersey challenged a law which forced him to obtain an operating permit from the State of New York to navigate on that state's waters. Question Presented Did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce?

Gibbons v. Ogden Argued: February 4, 1824 Decided: March 2, 1824 Article I, Section 8, Clause 3: Congress shall have the power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Article IV This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding. Argued: February 4, 1824 Decided: March 2, 1824 Article I, Section 8, Clause 3: Congress shall have the power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Article IV This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding.

Gibbons v. Ogden Opinion of the Court The Court found that New York's licensing requirement for out-of-state operators was inconsistent with a congressional act regulating the coasting trade. The New York law was invalid by virtue of the Supremacy Clause. In his opinion, Chief Justice Marshall developed a clear definition of the word commerce, which included navigation on interstate waterways. He also gave meaning to the phrase "among the several states" in the Commerce Clause. Marshall's was one of the earliest and most influential opinions concerning this important clause. He concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress Opinion of the Court The Court found that New York's licensing requirement for out-of-state operators was inconsistent with a congressional act regulating the coasting trade. The New York law was invalid by virtue of the Supremacy Clause. In his opinion, Chief Justice Marshall developed a clear definition of the word commerce, which included navigation on interstate waterways. He also gave meaning to the phrase "among the several states" in the Commerce Clause. Marshall's was one of the earliest and most influential opinions concerning this important clause. He concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress

Your Turn…. Use the following court cases below with your group to find out more about the expansion of federal power. Court Cases 1.Chisholm v Georgia 2.Dartmouth College v Woodward 3.Fletcher v Peck 4.Worcester v Georgia 5.Cohens v Virginia What to find: –Facts of the case –Area (article/clause) of the US Constitution in question –Ruling of the court Use the following court cases below with your group to find out more about the expansion of federal power. Court Cases 1.Chisholm v Georgia 2.Dartmouth College v Woodward 3.Fletcher v Peck 4.Worcester v Georgia 5.Cohens v Virginia What to find: –Facts of the case –Area (article/clause) of the US Constitution in question –Ruling of the court