1. Establishing Judicial Review
MT. 3, LT. 2: Landmark Constitutional Cases
Landmark Constitutional Cases
Marbury v. Madison
Establishing Judicial Review

2. Background of Case
Arguments
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Arguments
Impact of Case

3. Key Concept
Marbury v. Madison – established principle of judicial review (not actually mentioned in the Constitution)
Supreme Court could check the power of the other two branches by: declaring laws and actions unconstitutional

4. Key People John Adams – outgoing president
Thomas Jefferson – incoming president
William Marbury – last minute judicial appointment
James Madison – Jefferson’s Secretary of State

5. Key Terms Judiciary Act of 1789: Created a federal court system
Empowered the Supreme Court to issue writs of mandamus
Writ of Mandamus = court order that forces a government official to perform their legal duties

6. John Marshall Chief Justice of the Supreme Court
Main goal – strengthen the power of the Judicial Branch
Main belief – it is the power of the Courts to interpret or decide what the law means

7. Establishing Constitutional Supremacy
MT. 3, LT. 2: Landmark Constitutional Cases
McCulloch v. Maryland
Establishing Constitutional Supremacy
&
United States v. Nixon
Limiting Presidential Power

8. McCulloch v. Maryland – Some Questions
Could Congress create a national bank to help with taxation, borrowing money, and regulate commerce?
Could a state pass a law taxing that national bank?

9. Key Concepts – Elastic Clause
“Elastic Clause” – Congress has the power to make all laws that are necessary and proper to carry out its duties
Congress could expand its powers if necessary – “implied powers”

10. McCulloch v. Maryland – Constitutional Questions
Supremacy Clause – the Constitution was the “supreme Law of the Land”
Federal law was superior to state law

11. United States v. Nixon: Some Background
Watergate Scandal – break in at the Democratic National Headquarters
Richard Nixon – President of the United States (possibly involved in planning the break-in then trying to cover up his involvement)

12. Key Concepts
White House taping system – possible evidence of Presidential involvement in the break-in and cover up
Executive Privilege – the right of the President to keep White House discussions and documents private
Resignation – led to Nixon becoming the only President to resign his office