1. McCulloch v Maryland (1819)
Supreme Court Cases: The Marshall Court- Establishing Federal Supremacy
Main Cases
Marbury v Madison (1803)
McCulloch v Maryland (1819)
Gibbons v Ogden (1824)

2. Marbury v Madison (1803) Historical Context
-In November 1800, Federalist President John Adams lost his re-election bid to Anti-Federalist Thomas Jefferson.
- Last minute, Adams appointed several Federalist federal judges who were then approved by the Senate.
-Knowing this, when Jefferson became President, he ordered Sec. Of State James Madison not to deliver the commission to William Marbury
-Marbury sued Madison in an attempt to gain his post.
-Marbury asked the Supreme Court to issue a Writ of Mandamus as stated in the Judiciary Act of 1789

3. Issue
Whether Marbury deserved the Commission
Whether the Supreme Court could remedy his problem
Whether the Court could issue a Writ of Mandamus as stated in the Judiciary Act of 1789

4. Decision
-The Court reasoned that Marbury did deserve his commission. But, the Judiciary Act of 1789 which gave the Supreme Court the power to issue a writ of mandamus was unconstitutional
-A writ of mandamus is not listed as a case that the SC can hear under original jurisdiction and Congress can not give a power that the Constitution does not (Constitution is the supreme law and laws cannot contradict the Constitution)
-Established the precedent that the SC has the final say on all laws
-Winner: John Marshall-strengthened the power of the SC

5. Legacy of Marbury Case Established Judicial Review
More Power to Judicial Branch
Marshall Court: Federalist and therefore strengthen the power of the federal government

6. McCulloch v Maryland (1819)
Historical Context
-The state of Maryland brought an action against James McCulloch, a cashier in the Maryland branch of the Bank of the United States, for not paying a tax the State had imposed on the US Bank.

7. Issue:
Whether the state of Maryland had the right to tax a federal agency which was properly set up by the US Congress.

8. Decision:
The Court ruled that the “power to tax is the power
to destroy” and that the federal government’s bank
was immune to state taxation. The Court reasoned
that Congress could set up a bank and
write laws “necessary and proper” according to its
constitutional power to coin and regulate money.

9. Other Significant Cases of the Marshall Court
Gibbons v Ogden (1824)- SC established broad interpretation of the federal government’s authority over interstate commerce

10. Review Questions What did Marbury v Madison establish?
How did the Elastic Clause fit into the McCulloch Case?
What is the general tendency of the Marshall Court?
What powers were strengthened by Marshall Court decisions?