2. © 2004 Plano ISD, Plano, TX Landmark Supreme Court cases that outlined the powers of the Judicial Branch

3. © 2004 Plano ISD, Plano, TX 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!

4. © 2004 Plano ISD, Plano, TX

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

6. The Case John Adams lost to Thomas Jefferson in the Election of 1800. 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. Thomas Jefferson John Adams

7. © 2004 Plano ISD, Plano, TX 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

8. © 2004 Plano ISD, Plano, TX James Madison was the new secretary of state, and President Jefferson told him not to deliver the appointments. You’re a judge William Marbury, an appointee, filed suit against James Madison because he did not get his appointment. William Marbury, appointee to Justice of the Peace

9. © 2004 Plano ISD, Plano, TX 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.

10. © 2004 Plano ISD, Plano, TX The Issue What are the powers of the Supreme Court, especially when making decisions about the Constitution?

11. © 2004 Plano ISD, Plano, TX 1. The case established the Supreme Court’s right to review acts of the President and Congress and declare them unconstitutional. Constitutional Significance This is called judicial review.

12. © 2004 Plano ISD, Plano, TX 2. The Supreme Court became the final authority on what the Constitution really means. “The Constitution is the supreme law of the land. It is emphatically the duty of the judicial department to say what the law is.” In Marshall’s own words:

13. © 2004 Plano ISD, Plano, TX 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. President Congress Supreme Court

14. © 2004 Plano ISD, Plano, TX

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

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

17. © 2004 Plano ISD, Plano, TX 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. McCulloch appealed to the Supreme Court.

18. © 2004 Plano ISD, Plano, TX The Decision The Supreme Court ruled in favor of McCulloch and the national government.

19. © 2004 Plano ISD, Plano, TX The Issue Does the federal government have the power to create Congress-chartered institutions such as the Bank of the United States?

20. © 2004 Plano ISD, Plano, TX Constitutional Significance 1. Chief Justice Marshall and the Court ruled that the national government did have the authority to create the national bank.

21. © 2004 Plano ISD, Plano, TX 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.

22. © 2004 Plano ISD, Plano, TX

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

24. 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.

25. © 2004 Plano ISD, Plano, TX Ogden sued Gibbons to keep him from operating his unlicensed steamboat. Ogden won, but Gibbons issued an appeal to the U.S. Supreme Court.

26. © 2004 Plano ISD, Plano, TX Article I of the Constitution gives Congress the power to “regulate commerce with foreign nations, and among the several States……..” Congress the power to “regulate commerce with foreign nations, and among the several States……..”

27. © 2004 Plano ISD, Plano, TX The Issue Who should regulate commerce (trade) the states or the federal government?

28. © 2004 Plano ISD, Plano, TX 1. The Supreme Court expanded the meaning of the definition of commerce to increase the national government’s power to regulate commerce. Constitutional Significance

29. © 2004 Plano ISD, Plano, TX 2. The commerce clause gave the national government the authority to control all areas of economic activity in the United States.

30. © 2004 Plano ISD, Plano, TX “Architect of the American constitutional system.”

31. © 2004 Plano ISD, Plano, TX 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 Court Supreme Court

32. © 2004 Plano ISD, Plano, TX In a series of brilliant decisions from 1800- 1835, Marshall almost single-handedly gave new power to the Constitution.

33. © 2004 Plano ISD, Plano, TX 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.

34. © 2004 Plano ISD, Plano, TX 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.

35. © 2004 Plano ISD, Plano, TX 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.