Download Strengthening the Federal Government through the Supreme Court

Marbury v. Madison (1803)
Gibbons v. Ogden (1824)
McCulloch v. Maryland (1824)
 Precedent:
 The Supreme Court decides whether or not laws passed
by Congress are constitutional.
 This power is known as Judicial Review.
 This is an example of a Federalist, John Marshall,
expanding the powers of the federal government by
interpreting the Constitution loosely.
 Who:
 John Marshall, Ogden, Gibbons
 What:
 Ogden was granted a monopoly by the state of New York on steam ship travel on a
river between New York and New Jersey. Gibbons had a license by the federal
government to run steam ships between New York and New Jersey. Ogden sues
Gibbons on the grounds that his monopoly was violated. New York decides in
favor of Ogden. Gibbons appeals and case goes to Supreme Court.
 When:
 1824
 Where:
 River between New York and New Jersey
 Why:
 Regulating interstate commerce is a power given to the federal government not the
states. If a state interferes with interstate commerce then they are overstepping
their powers. Decision in favor of Gibbons.
 Precedent:
 The federal government has authority over the states in matters dealing with
interstate commerce when more than one state is involved.
 Who:
 Second National Bank, Maryland, John Marshall
 What:
 A branch of the Second National Bank was in the state of Md. Since it wasn’t
chartered by the state it was subject to taxation by the state of Md. The bank
refused to pay the state tax. The state court ruled against McCulloch (branch
manager). He appealed the decision to the Supreme Court.
 When:
 1824
 Where:
 Maryland
 Why:
 Congress is given “implied powers” that are not specifically stated in the
Constitution. Among the implied powers is the power to pass laws that are
“necessary and proper” to fully carry out its objectives. One of the main objectives
of Congress is to tax and regulate trade. It is “necessary and proper” to establish a
national bank to carry out these objectives and for a state to tax the national bank
that prevents the government from carrying out its objectives. The decision stated
that the states cannot tax federal institutions.
 Precedent:
 Strengthens the federal government through the “implied powers” and “necessary
and proper” clause of the United States Constitution.