Landmark Supreme Court cases that Landmark Supreme Court cases that outlined the powers of the Judicial Branchoutlined the powers of the Judicial Branch

Oyez! Oyez! Oyez!Oyez! Oyez! Oyez!(pronounced o-yea) (pronounced o-yea)

All persons having All persons having business before the business before the

Honorable, the Supreme Honorable, the Supreme Court of the United Court of the United

States, are admonished States, are admonished to draw near and give to draw near and give their attention for the their attention for the Court is now sitting. Court is now sitting. God save the United God save the United

States and this States and this Honorable Court!Honorable Court!

The Plaintiff:The Plaintiff:William MarburyWilliam Marbury

The Defendant:The Defendant:James MadisonJames Madison

The Judge: The Judge: Chief Justice John Chief Justice John

MarshallMarshall

The CaseThe CaseJohn Adams lost to Thomas John Adams lost to Thomas Jefferson in the Election of 1800. Jefferson in the Election of 1800.

Before leaving office, Adams appointed his Before leaving office, Adams appointed his Secretary of State, John Marshall, to Chief Secretary of State, John Marshall, to Chief

Justice of the Supreme Court. He also Justice of the Supreme Court. He also appointed 42 other Federalists to judiciary appointed 42 other Federalists to judiciary

positions.positions.

Thomas JeffersonThomas Jefferson

John AdamsJohn Adams

Before taking the judgeship, John Marshall Before taking the judgeship, John Marshall was to deliver (informs) the 42 new judges of was to deliver (informs) the 42 new judges of

their appointments. He was able to deliver their appointments. He was able to deliver only 17. He assumed his successor, James only 17. He assumed his successor, James

Madison would deliver the rest.Madison would deliver the rest.

James MadisonJames Madison

James Madison was the new James Madison was the new secretary of state, and secretary of state, and

President Jefferson told him President Jefferson told him not to deliver the not to deliver the

appointments.appointments.

You’rea judge

William Marbury, an William Marbury, an appointee, filed suitappointee, filed suit

against James Madison against James Madison because he did not get his because he did not get his

appointment. appointment.

William Marbury, appointee to Justice of the Peace

The DecisionThe Decision

Chief Justice John Marshall, declared that Chief Justice John Marshall, declared that Madison should have delivered the Madison should have delivered the

appointment to Marbury, but the Court also appointment to Marbury, but the Court also argued that the Judiciary Act which Marbury argued that the Judiciary Act which Marbury

used to force his appointment was used to force his appointment was unconstitutional.unconstitutional.

The IssueThe Issue

What are the powers of the What are the powers of the Supreme Court, especially when Supreme Court, especially when

making decisions about the making decisions about the Constitution?Constitution?

1. The case established the 1. The case established the Supreme Court’s right to Supreme Court’s right to

review acts of the President review acts of the President and Congress and declare and Congress and declare

them unconstitutional. them unconstitutional.

Constitutional Constitutional SignificanceSignificanceConstitutional Constitutional SignificanceSignificance

This is called This is called judicial reviewjudicial review..

2. The Supreme Court became the final 2. The Supreme Court became the final authority on what the Constitution really means.authority on what the Constitution really means.

““The Constitution is the The Constitution is the supreme law of the land. supreme law of the land.

It is emphatically the It is emphatically the duty of the judicial duty of the judicial

departmentdepartmentto say what the law is.”to say what the law is.”

In Marshall’s own words:In Marshall’s own words:

3. Judicial review made the Supreme Court an 3. Judicial review made the Supreme Court an equal partner in the United States government equal partner in the United States government

and an essential player in the system of checks and an essential player in the system of checks and balances.and balances.

PresidentCongress Supreme

Court

The Plaintiff:The Plaintiff:James McCullochJames McCulloch

The Defendant:The Defendant:the state of the state of MarylandMaryland

The Judge: The Judge: Chief Justice John MarshallChief Justice John Marshall

State banks said the State banks said the creation of the creation of the national banks national banks

presented unfair presented unfair competition.competition.

Many people opposed the Many people opposed the constitutionality of the Bank of the U.S.constitutionality of the Bank of the U.S.

In an effort to help state banks, Maryland issued In an effort to help state banks, Maryland issued a tax on the U.S. Bank of Baltimore.a tax on the U.S. Bank of Baltimore.

No more bank

The chief cashier of the Bank of the U.S., The chief cashier of the Bank of the U.S., James McCulloch, refused to pay the tax.James McCulloch, refused to pay the tax.

Maryland took McCulloch to court in the state Maryland took McCulloch to court in the state court, and the ruling was that McCulloch had to court, and the ruling was that McCulloch had to

pay the tax. McCulloch appealed to the Supreme pay the tax. McCulloch appealed to the Supreme Court.Court.

The DecisionThe Decision

The Supreme Court ruled in favor of The Supreme Court ruled in favor of McCulloch and the national government.McCulloch and the national government.

The IssueThe Issue

Does the federal government Does the federal government have the power to create have the power to create

Congress-chartered Congress-chartered institutions such as the Bank institutions such as the Bank

of the United States?of the United States?

Constitutional Constitutional SignificanceSignificanceConstitutional Constitutional SignificanceSignificance

1. Chief Justice Marshall and the 1. Chief Justice Marshall and the Court ruled that the national Court ruled that the national

government did have the authority government did have the authority to create the national bank.to create the national bank.

2. The power of the national government 2. The power of the national government was strengthened, thereby enabling the was strengthened, thereby enabling the

national government to grow and meet the national government to grow and meet the problems that the Founding Fathers were problems that the Founding Fathers were

unable to foresee.unable to foresee.

The Plaintiff:The Plaintiff:Aaron OgdenAaron Ogden

The Defendant:The Defendant:Thomas GibbonsThomas Gibbons

The Judge: The Judge: Chief Justice John MarshallChief Justice John Marshall

Aaron Ogden was a licensed steamboatAaron Ogden was a licensed steamboatoperator who had a monopoly (exclusive operator who had a monopoly (exclusive

control) on steamboat operations between control) on steamboat operations between New York and New Jersey.New York and New Jersey.

Gibbons also operated steamboats Gibbons also operated steamboats between the two states but did not between the two states but did not

have a license.have a license.

Ogden sued Gibbons to keep him Ogden sued Gibbons to keep him from operating his unlicensed from operating his unlicensed

steamboat. steamboat.

Ogden won, but Gibbons Ogden won, but Gibbons issued an appeal to the issued an appeal to the

U.S. Supreme Court.U.S. Supreme Court.

Article I of the Constitution givesArticle I of the Constitution gives Congress the power to “regulate commerce Congress the power to “regulate commerce with foreign nations, and among the several with foreign nations, and among the several

States……..”States……..”

The IssueThe Issue

Who should regulate Who should regulate commerce (trade) the states or commerce (trade) the states or

the federal government?the federal government?

1. The Supreme Court expanded the 1. The Supreme Court expanded the meaning of the definition of commerce to meaning of the definition of commerce to increase the national government’s power increase the national government’s power

to regulate commerce.to regulate commerce.

Constitutional Constitutional SignificanceSignificanceConstitutional Constitutional SignificanceSignificance

2. The commerce clause gave the 2. The commerce clause gave the national government the authority to national government the authority to

control all areas of economic activity in control all areas of economic activity in the United States.the United States.

““Architect of the American Architect of the American constitutional systemconstitutional system.”.”

Until John Marshall became the 4th Chief Justice Until John Marshall became the 4th Chief Justice of the Supreme Court, the Court was seen as of the Supreme Court, the Court was seen as

having little power, with almost no influence over having little power, with almost no influence over the other two branches.the other two branches.

PresidenPresidentt

Congress

Supreme CourtCourt

In a series of brilliant decisions from 1800-In a series of brilliant decisions from 1800-1835, Marshall almost single-handedly 1835, Marshall almost single-handedly gave new power to the Constitution.gave new power to the Constitution.

Marshall established three basic principles that Marshall established three basic principles that became the foundation of the federal union.became the foundation of the federal union.

1. The principle of 1. The principle of judicial reviewjudicial review gave the gave the Supreme Court power to determine if a law was Supreme Court power to determine if a law was

unconstitutional.unconstitutional.

2. The Supreme Court had the power to set aside 2. The Supreme Court had the power to set aside laws of state legislatures when these laws were laws of state legislatures when these laws were

contrary to the federal Constitution.contrary to the federal Constitution.

3. The Supreme Court had the power to reverse 3. The Supreme Court had the power to reverse the decisions of state courts.the decisions of state courts.

Marshall argued that it is necessary for those Marshall argued that it is necessary for those interpreting and living under the Constitution to interpreting and living under the Constitution to

treat it as a “living” document that can be treat it as a “living” document that can be accommodated to the changing needs of the accommodated to the changing needs of the

American people. American people.