2. © 2004 Plano ISD, Plano, TX 1.What branch of government interprets the laws? 2.The _____________ of 1789 created the federal court system. 3.What is a jury? 4.How many justices are there in the Supreme Court? 5.How long does a justice serve in the Supreme Court? 6.What is the supreme law of the land?

3. © 2004 Plano ISD, Plano, TX Landmark Supreme Court cases that outlined the powers of the Judicial Branch

4. © 2004 Plano ISD, Plano, TX Exit Ticket Questions The Supreme Court (judicial branch) was once viewed as the weakest branch of government. How did Chief Justice John Marshall impact the judicial branch? Explain judicial review. Which of the seven principle(s) of the Constitution is reflected through judicial review? What happened to the powers of the national government as a result of Supreme Court decisions during the Early Republic Era?

5. © 2004 Plano ISD, Plano, TX Vocabulary 1.Plaintiff- a person or group who is accusing another of wrongdoing; “the accuser” 2.Defendant- a person or group who is being accused and has to defend himself; “the accused” 3.Unconstitutional- describes an action that violates the Constitution 4.Judicial review- the power of the Supreme Court to review actions of the government and decide whether or not they are constitutional 5.Supreme Court- highest court in the U.S. judiciary 6.Elastic clause- a sentence in the Constitution that allows Congress to make “any laws deemed necessary and proper” to exercise their other powers. This sentence “stretches” the federal government’s powers. 7.Interstate commerce- trade between states 8.John Marshall- Chief Justice of Supreme Court during the Early Republic Era; appointed by Federalist John Adams

6. © 2004 Plano ISD, Plano, TX In the landscape layout, copy the chart below into your spiral. Leave enough room to take thorough notes. CASEISSUEDECISION SIGNIFICANCE Marbury v. Madison McCulloch v. Maryland Gibbons v. Ogden

7. © 2004 Plano ISD, Plano, TX Oyez! Oyez! Oyez! (pronounced o-yea) Today you will be taking notes on three important cases in History. GOT IT? Let’s Begin Let’s BeginLet’s Begin

8. © 2004 Plano ISD, Plano, TX

9. The Plaintiff: William Marbury The Defendant: James Madison The Judge: Chief Justice John M M M M M aaaa rrrr ssss hhhh aaaa llll llll

10. The Case John Adams lost to Thomas Jefferson in the Election of 1800. 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. Thomas Jefferson John Adams

11. © 2004 Plano ISD, Plano, TX 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

12. © 2004 Plano ISD, Plano, TX James Madison was the new secretary of state, and President Jefferson told him not to deliver the appointments. You’re a judge William Marbury, an appointee, filed suit against James Madison because he did not get his appointment. William Marbury, appointee to Justice of the Peace

13. © 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.

14. © 2004 Plano ISD, Plano, TX The Issue What are the powers of the Supreme Court, especially when making decisions about the Constitution?

15. © 2004 Plano ISD, Plano, TX 1. The case established the Supreme Court’s right to review acts of the President and Congress and declare them unconstitutional. This is called judicial review. Constitutional Significance The principle of judicial review gave the Supreme Court power to determine if a law was unconstitutional judicial review judicial review

16. © 2004 Plano ISD, Plano, TX 2. The Supreme Court became the final authority on what the Constitution really means. “The Constitution is the supreme law of the land. It is emphatically the duty of the judicial department to say what the law is.” In Marshall’s own words:

17. © 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. President Congress Supreme Court

18. © 2004 Plano ISD, Plano, TX

19. The Plaintiff: James M M M M M cccc CCCC uuuu llll llll oooo cccc hhhhThe Defendant: the state of Maryland The Judge: Chief Justice John Marshall

20. State banks said the creation of the national banks presented unfair competition. Many people opposed the constitutionality of the Bank of the U.S. In an effort to help state banks, Maryland issued a tax on the U.S. Bank of Baltimore. No more bank

21. © 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.

22. © 2004 Plano ISD, Plano, TX The Decision The Supreme Court ruled in favor of McCulloch and the national government.

23. © 2004 Plano ISD, Plano, TX The Issue Does the federal government have the power to create Congress-chartered institutions such as the Bank of the United States?

24. © 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. 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

25. © 2004 Plano ISD, Plano, TX

26. The Plaintiff: Aaron O O O O O gggg dddd eeee nnnnThe Defendant: Thomas Gibbons The Judge: Chief Justice John Marshall

27. Aaron Ogden was a licensed steamboat operator who had a monopoly (exclusive control) on steamboat operations between New York and New Jersey. Gibbons also operated steamboats between the two states but did not have a license.

28. © 2004 Plano ISD, Plano, TX Ogden sued Gibbons to keep him from operating his unlicensed steamboat. Ogden won, but Gibbons issued an appeal to the U.S. Supreme Court.

29. © 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……..” Congress the power to “regulate commerce with foreign nations, and among the several States……..”

30. © 2004 Plano ISD, Plano, TX The Issue Who should regulate interstate commerce (trade) the states or the federal government?

31. © 2004 Plano ISD, Plano, TX 1. The Supreme Court expanded the meaning of the definition of commerce - to increase the national government’s power to regulate commerce. Constitutional Significance 2. The commerce clause gave the national government the authority to control all areas of economic activity in the U.S.

32. © 2004 Plano ISD, Plano, TX “Architect of the American constitutional system.”

33. © 2004 Plano ISD, Plano, TX 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. President Congress Court Supreme Court

34. © 2004 Plano ISD, Plano, TX Marshall established three basic principles that became the foundation of the federal union. 1.Judicial review gave the Supreme Court power to determine if a law was unconstitutional 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.