1. Review for Test Constitutional Convention New Jersey vs. Virginia Plan Great Compromise 3/5 Compromise Preamble of Constitution Article 1- Legislative Branch Article 2- Executive Branch Article 3- Judicial Branch Unwritten Constitution John Marshall Elastic Clause

2. Aim: What are the powers of the Judicial Branch?

5. Ruth Bader Ginsberg - Carter Stephan Breyer - Clinton David Souter - Bush Sr. Clarence Thomas - Bush Sr. Antonin Scalia - Reagan John Paul Stevens -Ford John Roberts - G.W. Bush Anthony Kennedy - Reagan Samuel Alito - G.W. Bush

6. Judicial Branch Decide cases affecting ambassadors Decide controversies between states Decide controversies to which the United states shall be a party Decide Controversies between a state and its citizens and foreign states, citizens, or subjects Power in all cases in law and equity

9. John Marshall Chief Justice 1801-1835 Federalist His court's decisions Strengthened the power of the Central Government

10. Marbury v. Madison (1803) Established Judicial Review –Power of the Supreme Court to declare laws unconstitutional

11. The Unwritten Constitution Not written in the Constitution Based on Tradition and customs Political parties Judicial Review Cabinet

12. McCulloch v Maryland The state of Maryland attempted to tax a federal bank. At issue in this case was the supremacy of the federal government v States Rights. The Court nullified Maryland’s state law & established the supremacy of the federal government.

13. Gibbons v Ogden At issue in this case was whether or not the State of New York had the legal authority to grant one steamship company a contract on an interstate waterway. The Court clarified Federal authority over interstate commerce when it nullified New York State’s law. Federal law is Supreme over State Law.

14. THE SUPREME COURT UNDER JOHN MARSHALL McCulloch v. Maryland (1819) –States could not tax national institutions - Federal law supreme over state law Gibbons v. Ogden (1824) –Reinforced congressional control over interstate commerce & national law over state law –Federal law supreme over state law

15. Conclusion How did the Supreme Court under Chief Justice John Marshall’s leadership change American Government? –T–The Marshall court established the power of Judicial Review (Unwritten Constitution) –S–Strengthened the Supreme Court –S–Strengthened the power of the Federal Government over the States (Federal Supremacy)

16. Elastic Clause This gives Congress the ability to exercise power or create laws not specifically mentioned in the Constitution. This can only be used when Congress feels that it is “necessary or proper”