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Marbury v. Madison1803BackgroundDecisionJohn Marshall (CJ) declared the law unconstitutional establishing the power of JUDICIAL REVIEWWhen Thomas Jefferson became President, he refused to give William Marbury his commission to become a judge because Marbury had been chosen by his opponent in the election.  The Judiciary Act of 1801 allowed Marbury to appeal directly to the Supreme Court.Constitutional IssueWas the original jurisdiction to hear Marburys case under the Judiciary Act of 1801 constitutional?
McCulloch v. Maryland1819BackgroundDecisionJohn Marshall (CJ) declared that the  federal law creating the National Bank was CONSTITUTIONAL because it was necessary and proper.US Congress created a National Bank and opened a branch in Maryland.  The State of MD put a tax on the bank trying to destroy it.  The President of the branch (McCulloch) sued to stop the MD tax.NationalConstitutional IssueWas the creation of a National Bank by Congress constitutional under the Elastic Clause?
Gibbons v. Ogden1824BackgroundDecisionJohn Marshall (CJ) declared that federal law is above state law and that CONGRESS has authority to regulate interstate trade including shipping.Two steamboat owners wanted to control a shipping business in NY.  One had a charter from STATE (NY), the other  had a charter from the US.The case went to the courts to determine which charter was valid.NYConstitutional IssueWas the regulation of commerce under state control or federal control based on the Commerce Clause?
Supreme court cases

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Supreme court cases

  • 1. Marbury v. Madison1803BackgroundDecisionJohn Marshall (CJ) declared the law unconstitutional establishing the power of JUDICIAL REVIEWWhen Thomas Jefferson became President, he refused to give William Marbury his commission to become a judge because Marbury had been chosen by his opponent in the election. The Judiciary Act of 1801 allowed Marbury to appeal directly to the Supreme Court.Constitutional IssueWas the original jurisdiction to hear Marburys case under the Judiciary Act of 1801 constitutional?
  • 2. McCulloch v. Maryland1819BackgroundDecisionJohn Marshall (CJ) declared that the federal law creating the National Bank was CONSTITUTIONAL because it was necessary and proper.US Congress created a National Bank and opened a branch in Maryland. The State of MD put a tax on the bank trying to destroy it. The President of the branch (McCulloch) sued to stop the MD tax.NationalConstitutional IssueWas the creation of a National Bank by Congress constitutional under the Elastic Clause?
  • 3. Gibbons v. Ogden1824BackgroundDecisionJohn Marshall (CJ) declared that federal law is above state law and that CONGRESS has authority to regulate interstate trade including shipping.Two steamboat owners wanted to control a shipping business in NY. One had a charter from STATE (NY), the other had a charter from the US.The case went to the courts to determine which charter was valid.NYConstitutional IssueWas the regulation of commerce under state control or federal control based on the Commerce Clause?