Political Cartoon #1
QUOTES
Marbury v. Madison (1803)
"It is emphatically the province and duty of the judicial department to say what the law is. Those
who apply the rule to particular cases, must of necessity expound and interpret that rule. If two
laws conflict with each other, the courts must decide on the operation of each."
— Chief Justice John Marshall
McCulloch v. Maryland (1819)
". . . Although, among the enumerated powers of government, we do not find the word "bank" or
"incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate
commerce; to declare and conduct a war; and to raise and support armies and navies . . . But it
may with great reason be contended, that a government, entrusted with such ample powers . . .
must also be entrusted with ample means for their execution. The power being given, it is the
interest of the nation to facilitate its execution. . . . "
— Chief Justice John Marshall
SUMMARY - DOCUMENT
Supreme Court of the United States
Marbury v. Madison (1803)
Summary:
In his last few hours in office, President John Adams made a series of “midnight appointments” to
fill as many government posts as possible with Federalists. One of these appointments was
William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as
President before the appointment was officially given to Marbury. Jefferson, a Republican,
instructed Secretary of State James Madison to not deliver the appointment. Marbury sued
Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of
mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress
in 1789, permitted the Supreme Court of the United States to issue such a writ.
William Marbury brought his case directly to the Supreme Court because the Court had original
jurisdiction over the case. He asked the Court to issue a writ of mandamus to order James
Madison to deliver his commission.
The Supreme Court of the United States declared that:
•
Marbury is entitled to the commission, but:
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The Court cannot issue the writ because the Judiciary Act of 1789, which granted the
Supreme Court original jurisdiction to issue writs of mandamus, is unconstitutional.
•
The Supreme Court of the United States has the power to review acts of other branches
and determine their constitutionality. This power is called judicial review.
Terms to Know:
Writs of Mandamus - A writ of mandamus or mandamus (which means "we command" in
Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law,
and is "issued by a superior court to compel a lower court or a government officer to perform
mandatory or purely ministerial duties correctly".
Judiciary Act of 1789 - 1789 law that created the Judicial Branch of the federal government.
Among the things provided for in the Act:
•
•
•
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the number of members of the Supreme Court
the number of lower district courts
the idea that the Supreme Court can settle disputes between states
the idea that a decision by the Supreme Court is final.
SUMMARY – DOCUMENT
Supreme Court Cases
McCullough v. Maryland (1819)
This Supreme Court Case addressed the issue of Federal power and commerce.
In the landmark Supreme Court case McCulloch v. Maryland, Chief Justice John Marshall handed
down one of his most important decisions regarding the expansion of Federal power. This case
involved the power of Congress to charter a bank, which sparked the even broader issue of the
division of powers between state and the Federal Government.
Summary:
James W. McCulloch, a Federal cashier at the Baltimore branch of the U.S. bank, refused to pay the
taxes imposed by the state. Maryland filed a suit against McCulloch in an effort to collect the taxes.
The Supreme Court, however, decided that the chartering of a bank was an implied power of the
Constitution, under the “elastic clause”, which granted Congress the authority to make all laws which
shall be necessary and proper for carrying into execution the work of the Federal Government.
This case presented a major issue that challenged the Constitution: Does the Federal Government
hold sovereign power over states?
The proceedings posed two questions: Does the Constitution give Congress power to create a bank?
And could individual states ban or tax the bank?
The Supreme Court of the United Stated declared that:
•
The court decided that the Federal Government had the right and power to set up a Federal
bank and that states did not have the power to tax the Federal Government.
•
Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves
the power to destroy."
Marbury v. Madison (1803)
Diagram of How the Case Moved Through the Court System
William Marbury brought his case
directly to the Supreme Court
because the Court had original
jurisdiction over the case. He
asked the Court to issue a writ of
mandamus to order James
Madison to deliver his
commission.
•
Supreme Court of the United
States
Marbury v. Madison (1803)
The Supreme Court of the
United States declared that:
•
Marbury is entitled to the
commission, but:
•
The Court cannot issue
the writ because the
Judiciary Act of 1789,
which granted the
Supreme Court original
jurisdiction to issue writs
of mandamus, is
unconstitutional.
•
The Supreme Court of
the United States has
the power to review acts
of other branches and
determine their
constitutionality. This
power is called judicial
review.
Article III, Section 2 lays out the original jurisdiction of the Supreme
Court
o "In all Cases affecting Ambassadors, other public Ministers
and Consuls, and those in which a State shall be a Party,
the supreme Court shall have original Jurisdiction."
McCulloch v. Maryland (1819)
Diagram of How the Case Moved Through the Court System
Supreme Court of the United States
Reversed lower courts and overturned McCulloch’s conviction,
holding that establishing a national bank is within the constitutional
powers of Congress under the “necessary and proper” clause and
Maryland does not have authority to tax a federal institution.
McCulloch v. Maryland (1819)
Maryland Court of Appeals
Upheld decision of lower court and affirmed
McCulloch’s conviction.
McCulloch v. Maryland (1818)
County Court of Baltimore County
Convicted McCulloch, the manager of the Baltimore
branch of the Bank of the United States, for failing to
pay the $15,000 tax levied by the State of Maryland
McCulloch fined $2,500
McCulloch v. Maryland (1818)
Political Cartoon #2
Station 2
Political Cartoon Analysis
1. Analyze each cartoon utilizing the Cartoon Analysis sheet.
2. Read the quotes for the Supreme Court Cases.
a. Determine which quote corresponds with which political
cartoon.
b. Record the name of the court case on the Landmark Cases
chart.
3. Read the Summary Document.
a. Write a sentence overview of the case on the Landmark
Cases chart.
b. Of the declarations made by the court – which part of the
declaration made it a “Landmark Decision”? Record your
response on the Landmark Cases chart.
4. Using all of the information you have reviewed – record your
thoughts on why the case is important today on the Landmark Cases
chart.
5. Answer the question below the Landmark Cases chart.
Materials at Station 2:
- Landmark Cases Handout (1 per person)
- Laminated Political Cartoons (4 of each)
- Laminated Quotes (8 copies)
- Political Cartoon Analysis (2 per person)
- Laminated Summary Document and How the Case Moved through
the Court (4 copies of each)
Supreme Court – Landmark Cases
Political Cartoon
Landmark Case
Explain how each case reached the Supreme Court:
Summary
Landmark Decision
Importance Today