Marbury v. Madison
Issues: President Adams, just before leaving office appointed Marbury as justice of the peace. The new Secretary of State, James Madison refused to deliver him his official papers making him a justice of the peace. Marbury argued that under the Judiciary Act of 1789, the Supreme Court could force Madison to deliver the papers.
Decisions: The Supreme Court ruled under John Marshall ruled that the Judiciary Act of 1789 was unconstitutional.
Significance—So What? Believe it or not, this is considered one of the most important cases the Supreme Court has ever decided. That’s because it was the first time the Supreme Court struck down an act of Congress for being unconstitutional. Since the Marbury decision, the Supreme Court has used the power of judicial review to overturn more than 150 acts of Congress and more than 1,000 state laws. Some of the most important decisions in the court’s history have involved the use of this power.
The idea that the Supreme Court has the final say about what is constitutional is called judicial review. Judicial review lets the judicial branch do two things: 1) interpret the Constitution and decide what it means
2) declare a law unconstitutional. This greatly strengthened the power of the judicial branch by making it the final authority in interpreting the Constitution.
Gibbons v. Ogden
Issues: Ogden had been granted a monopoly (total control) by New York State to operate a steamboat between New York and New Jersey. Gibbons was granted a similar license by the federal government. Ogden sued to stop Gibbons from competing with him. The big debate became—is it constitutional for both states and the federal government to regulate trade?
Vs.
Decision: The Supreme
New York
Court led by John Marshall,
said that Congress (the federal government) could regulate trade
crossing between New York and New Jersey as part of its power under the Constitution to control “interstate commerce” (trade between states).
Significance—So What?
This established the federal government’s right to regulate anything that involves commerce between the states. It set the stage for future expansion of Congressional power over other activities once thought to be under the control of the states.
Interstate Commerce
McCulloch v. Maryland
Issues: In 1818, the Maryland state legislature imposed a tax on the Maryland branch of the Second National Bank. Maryland legislators had hoped that state taxes on the federal bank would shut it down. The two big issues became—
1. Does Congress have the power to create a bank, even though that power is not specifically mentioned in the Constitution?
2. Does a state bank have the ability to tax a federal bank?
Decision: The Supreme Court under John Marshall said yes to #1. First, a bank is “necessary and proper” for carrying out the powers related to commerce, borrowing, and taxes. But even without the power to do what is “necessary and proper,” Congress would still be able to start a bank. Why? Because sometimes in order to be able to do one thing, you have to be able to do something else. The Supreme Court said no to question #2 because the federal supremacy cause of the constitution forbids the states from taxing a tool of the federal government.
Significance—So What? This decision expanded the powers of the national government. It did this by saying the government could take any action that was appropriate for carrying out its powers and also established that Federal laws were supreme to state laws.