Today Students Will:

1
Today Students Will

• Participate in role play activities and create a
  flow chart to depict the details and significance
  of the following Supreme Court cases
• Marbury v. Madison
• McCulloch v. Maryland

2
Warm UP

• What is judicial review?
• What does the supremacy clause mean for our
  government?

3
Landmark Supreme Court Cases

• Marbury v. Madison
• McCulloch v. Maryland

4
Marbury v. MadisonCase Background

• Election of 1800? Thomas Jefferson and the
  Democratic-Republican Party replace John Adams
  and the Federalist Party
• Adams nominates dozens of federal judges but does
  not deliver all commissions? Jefferson refuses to
  deliver them via James Madison when he takes
  office

5
Marbury v. MadisonConstitutional Issue

• John Marbury petitioned the S.C. for a petition
  of mandamus to force Madison to deliver his
  commission.
• Could the Supreme Court force the Executive
  Branch to take such action?

6
Marbury v. MadisonQuestions Before the Court

• Was Marbury legally appointed? ?Yes
• Was the Judiciary Act of 1789the law that gave
  the court power to issue a writlegal? ?NO

7
Marbury v. MadisonThe Decision

• By declaring the Judiciary Act of 1789
  unconstitutional, the Supreme Court established
  its right to review the actions of the other two
  branches.

8
McCulloch v. MarylandCase Background

• In 1816, Congress established the Second National
  Bank.
• States opposed the opening of branches throughout
  the country.

9
McCulloch v. MarylandConstitutional Issue

• Maryland passed a 1500 tax on the bank which
  James McCulloch of the Baltimore branch refused
  to pay.
• McCulloch was sued by MD and took his case to the
  Supreme Court

10
McCulloch v. MarylandQuestions Before the Court

• Did the Congress have the power to establish a
  bank? ?Yes
• Did Maryland have the power to tax the National
  Bank? ? No

11
McCulloch v. MarylandThe Decision

• Supreme Court ruling base on the elastic and
  supremacy clauses.
• It could be deemed necessary and proper that
  Congress create a bank and because the national
  govt is supreme, MD had no right to tax it.

12
Learning Log

• Which of the Supreme Court cases discussed in
  class today do you think had the greatest impact
  on the development of U.S. Government?
• Explain your choice!