2. Supreme Court of the United States  SCOTUS

3. Branch of gov’t which interprets/applies the law Makes sure laws/gov’t action are constitutional  Judicial Review 8 associate justices and 1 chief justice

4. Judiciary Act 1789  Creates SCOTUS/federal courts as outlined in Constitution  Weakest branch of government First Chief Justice -John Jay

5. Chief Justice John Marshall (1801-1835) Federalists, appointed by Pres. Adams Significance- SCOTUS becomes an equal branch of gov’t Increases the power of the national gov’t

6. “Midnight Judges” -Adams appoints judges last night of presidency - Madison refuses to deliver commissions (contracts) Marbury sues government for his judge job -leads to Marbury v Madison https://www.youtube.com/watch?v=mWYFwl93uCM

7. Marbury did have a right to his commission However the Supreme Court could not order Madison to deliver it. President Jefferson -Democratic Republican Chief Justice Marshall -Federalist

8. Power of Judicial Review Established National gov’t interprets the constitution SCOTUS now an equal branch of gov’t

9. Case NameCause of the CaseFindings (Ruling) of the Court Significance Marbury v Madison (1803) Gibbons v Ogden (1824)

10. NY grants Ogden steamboat monopoly on Hudson river Nat. Gov’t Grants Gibbons license to operate steamboat on Hudson Conflicting state/national law….Who wins?

11. Major Constitutional Issues:  Commerce Clause- “Congress shall have the power to regulate commerce…among the several states.”  Congress can regulate trade between states  Supremacy Clause- “This Constitution, and the Laws of the United States…shall be the supreme Law of the Land”  National laws trump state laws

12. New York’s monopoly was unconstitutional Gibbons had a right to operate his steamboat Significance: National laws superior to state laws (Supremacy Clause) Only Congress can regulate trade between multiple states (Commerce Clause).

13. Can you think of a modern issue where a state and national law conflict?

14. Dartmouth College created with private charter (contract) with King George III 1769 1816 New Hampshire (NH) state gov tries to make school public Changes the charter (contract) without permission

15. Major Constitutional Issues: Contract Clause-“No State shall pass any law impairing the obligation of contracts” Can New Hampshire require Dartmouth to change its charter, and become a public school?

16. NH cannot change charter States not allowed to impair contracts Weakens states more

17. 1816, 2 nd National Bank of US created Branch opened in Maryland Maryland state gov’t taxes national bank Wants to promote the Maryland State Bank. James McCulloch, cashier of the national bank, refuses to pay tax, and he is fined His case goes to the Supreme Court James McCulloch

18. Major Constitutional Issues: Can the national government create a national bank? Do states have the right to tax national institutions?

19. The Decision: The national bank is constitutional Elastic clause- “The Congress shall have Power... To make all Laws which shall be necessary and proper States cannot tax national institutions Supremacy Clause-national laws trump state laws. Maryland could destroy (overturn) the bank with taxes

20. Samuel Worcester-missionary to Cherokee Indians Violates Georgia law: needs a license to live on Indian lands His case goes to the Supreme Court

21. Decision: Georgia law unconstitutional Worcester cannot be prosecuted

22. Significance: Tribal sovereignty established-tribes are like sovereign countries Only the national government can make laws concerning relationship with Native Americans Like signing a treaty with another country

23. Have these decisions favored the states or the national government?