Establishing Judicial Review MT. 3, LT. 2: Landmark Constitutional Cases Landmark Constitutional Cases Marbury v. Madison Establishing Judicial Review

Background of Case Arguments ??? Arguments Impact of Case

Key Concept Marbury v. Madison – established principle of judicial review (not actually mentioned in the Constitution) Supreme Court could check the power of the other two branches by: declaring laws and actions unconstitutional

Key People John Adams – outgoing president Thomas Jefferson – incoming president William Marbury – last minute judicial appointment James Madison – Jefferson’s Secretary of State

Key Terms Judiciary Act of 1789: Created a federal court system Empowered the Supreme Court to issue writs of mandamus Writ of Mandamus = court order that forces a government official to perform their legal duties

John Marshall Chief Justice of the Supreme Court Main goal – strengthen the power of the Judicial Branch Main belief – it is the power of the Courts to interpret or decide what the law means

Establishing Constitutional Supremacy MT. 3, LT. 2: Landmark Constitutional Cases McCulloch v. Maryland Establishing Constitutional Supremacy & United States v. Nixon Limiting Presidential Power

McCulloch v. Maryland – Some Questions Could Congress create a national bank to help with taxation, borrowing money, and regulate commerce? Could a state pass a law taxing that national bank?

Key Concepts – Elastic Clause “Elastic Clause” – Congress has the power to make all laws that are necessary and proper to carry out its duties Congress could expand its powers if necessary – “implied powers”

McCulloch v. Maryland – Constitutional Questions Supremacy Clause – the Constitution was the “supreme Law of the Land” Federal law was superior to state law

United States v. Nixon: Some Background Watergate Scandal – break in at the Democratic National Headquarters Richard Nixon – President of the United States (possibly involved in planning the break-in then trying to cover up his involvement)

Key Concepts White House taping system – possible evidence of Presidential involvement in the break-in and cover up Executive Privilege – the right of the President to keep White House discussions and documents private Resignation – led to Nixon becoming the only President to resign his office