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Marbury v. Madison 1803 Case Decision Reason Significance

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Presentation on theme: "Marbury v. Madison 1803 Case Decision Reason Significance"— Presentation transcript:

1 Marbury v. Madison 1803 Case Decision Reason Significance
Midnight Judges Writ of mandamus/Judiciary Act 1789 Decision Refused to issue the writ Reason Original vs. Appellate Jurisdiction Ambassadors and States Established role as final arbiter of the meaning of the constitution and its position of equality with the other branches Significance Federalist lost the battle but won the war

2 McCulloch v. Maryland 1819 Case Decision Reason Significance
". . . 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 Marshal Case Constitutional Questions? (issues) Constitutionality of 2nd B.U.S. 2. State have power to tax Fed govt Decision Maryland tax unconstitutional “Power to tax is the Power to destroy” Reason Elastic Clause Article VI Supremacy Clause Significance Sanctioned “implied powers” and paved way for vast expansion of Fed govt Established supremacy of National gov’t over States

3 Gibbons v. Ogden 1824 Case Decision Reason Significance
N.Y. granted Fulton monopoly of Steam navigation Fulton gave Ogden license to monopolize waterway b/t N.Y & N.J Congress required fed licenses to nav. Interstate waterways Gibbons sued Ogden (got licenses from Fulton not Fed gov.) ". . . Few things were better known, than the immediate causes which led to the adoption of the present constitution that the prevailing motive was to regulate commerce; to rescue it from the embarrassing and destructive consequences, resulting from the legislation of so many different States, and to place it under the protection of a uniform law." — Chief Justice John Marshall Decision Ogden’s monopoly granted by State = Unconst. Reason Article III & Commerce Clause N.Y. monopoly conflicted w/ Fed Significance Power to regulate Interstate Commerce = Fed Federal license superior to State license

4 Dartmouth v Woodward Case Decision Reason Significance


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