Transcript Order In The Court

Landmark Supreme Court cases that
outlined the powers of the Judicial Branch
© 2004 Plano ISD, Plano, TX
Oyez! Oyez! Oyez!
(pronounced o-yea)
All persons having
business before the
Honorable, the Supreme
Court of the United
States, are admonished
to draw near and give
their attention for the
Court is now sitting.
God save the United
States and this
Honorable Court!
© 2004 Plano ISD, Plano, TX
© 2004 Plano ISD, Plano, TX
The Plaintiff:
William Marbury
The Judge:
Chief Justice John Marshall
The Defendant:
James Madison
© 2004 Plano ISD, Plano, TX
John Adams lost to Thomas
Jefferson in the Election of 1800.
The Case
John Adams
Thomas Jefferson
Before leaving office, Adams appointed his
Secretary of State, John Marshall, to Chief
Justice of the Supreme Court. He also
appointed 42 other Federalists to judiciary
positions.
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Before taking the judgeship, John Marshall
was to deliver (informs) the 42 new judges of
their appointments. He was able to deliver
only 17. He assumed his successor, James
Madison would deliver the rest.
James Madison
© 2004 Plano ISD, Plano, TX
James Madison was the new
secretary of state, and
President Jefferson told him William
not to deliver the
Marbury,
appointments.
appointee to
Justice of the
Peace
William Marbury, an
appointee,You’re
filed suit
against James
Madison
a judge
because he did not get his
appointment.
© 2004 Plano ISD, Plano, TX
The Decision
Chief Justice John Marshall, declared that
Madison should have delivered the
appointment to Marbury, but the Court also
argued that the Judiciary Act which Marbury
used to force his appointment was
unconstitutional.
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The Issue
What are the powers of the
Supreme Court, especially when
making decisions about the
Constitution?
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1. The case established the
Supreme Court’s right to
review acts of the President
and Congress and declare
them unconstitutional.
Constitutional
Significance
This is called judicial review.
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2. The Supreme Court became the final
authority on what the Constitution really means.
In Marshall’s own words:
“The Constitution is the
supreme law of the land.
It is emphatically the
duty of the judicial
department
to say what the law is.”
© 2004 Plano ISD, Plano, TX
3. Judicial review made the Supreme Court an
equal partner in the United States government
and an essential player in the system of checks
and balances.
Congress
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Supreme
Court
President
© 2004 Plano ISD, Plano, TX
The Plaintiff:
James McCulloch
The Judge:
Chief Justice John Marshall
The Defendant:
the state of
Maryland
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Many people opposed the
constitutionality of the Bank of the U.S.
No
more
bank
State banks said the
creation of the
national banks
presented unfair
competition.
In an effort to help state banks, Maryland issued
a tax on the U.S. Bank of Baltimore.
© 2004 Plano ISD, Plano, TX
The chief cashier of the Bank of the U.S.,
James McCulloch, refused to pay the tax.
Maryland took McCulloch to court in the state
court, and the ruling was that McCulloch had to
pay the tax. McCulloch appealed to the
Supreme Court.
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The Decision
The Supreme Court ruled in favor of
McCulloch and the national government.
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The Issue
Does the federal government
have the power to create
Congress-chartered
institutions such as the Bank
of the United States?
© 2004 Plano ISD, Plano, TX
Constitutional
Significance
1. Chief Justice Marshall and the
Court ruled that the national
government did have the authority
to create the national bank.
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2. The power of the national government
was strengthened, thereby enabling the
national government to grow and meet the
problems that the Founding Fathers were
unable to foresee.
© 2004 Plano ISD, Plano, TX
© 2004 Plano ISD, Plano, TX
The Plaintiff:
Aaron Ogden
The Judge:
Chief Justice John Marshall
The Defendant:
Thomas Gibbons
© 2004 Plano ISD, Plano, TX
Aaron Ogden was a licensed steamboat
operator who had a monopoly (exclusive
control) on steamboat operations between
New York and New Jersey.
© 2004 Plano ISD, Plano, TX
Gibbons also operated steamboats
between the two states but did not
have a license.
Ogden sued Gibbons to keep him
from operating his unlicensed
steamboat.
Ogden won, but Gibbons
issued an appeal to the
U.S. Supreme Court.
© 2004 Plano ISD, Plano, TX
Article I of the Constitution gives
Congress the power to “regulate commerce
with foreign nations, and among the several
States……..”
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The Issue
Who should regulate
commerce (trade) the states or
the federal government?
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Constitutional
Significance
1. The Supreme Court expanded the
meaning of the definition of commerce to
increase the national government’s power
to regulate commerce.
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2. The commerce clause gave the
national government the authority to
control all areas of economic activity in
the United States.
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“Architect of the American
constitutional system.”
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Until John Marshall became the 4th Chief Justice
of the Supreme Court, the Court was seen as
having little power, with almost no influence over
the other two branches.
Congress
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Supreme
Court
President
In a series of brilliant decisions from 18001835, Marshall almost single-handedly
gave new power to the Constitution.
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Marshall established three basic principles that
became the foundation of the federal union.
1. The principle of judicial review gave the
Supreme Court power to determine if a law was
unconstitutional.
© 2004 Plano ISD, Plano, TX
2. The Supreme Court had the power to set aside
laws of state legislatures when these laws were
contrary to the federal Constitution.
3. The Supreme Court had the power to reverse
the decisions of state courts.
© 2004 Plano ISD, Plano, TX
Marshall argued that it is necessary for those
interpreting and living under the Constitution to
treat it as a “living” document that can be
accommodated to the changing needs of the
American people.
© 2004 Plano ISD, Plano, TX