Marbury v. Madison 1803

Decision

Refused to issue the writ

Case Midnight Judges Writ of mandamus/Judiciary Act 1789

Reason

Original vs. Appellate Jurisdiction

Ambassadors and States

Significance

Federalist lost the battle but won the war

Established role as final arbiter of the meaning of the constitution and its position of equality with the other branches

McCulloch v. Maryland 1819

CaseConstitutional Questions? (issues)

1. Constitutionality of 2nd B.U.S.

2. State have power to tax Fed govt

Decision Maryland tax unconstitutional

Reason Elastic Clause

Article VI Supremacy Clause

“Power to tax is the Power to destroy”

Significance Sanctioned “implied powers” and paved way for vast expansion of Fed govt

Established supremacy of National gov’t over States

". . . 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

Gibbons v. Ogden 1824

Decision Ogden’s monopoly granted by State = Unconst.

Case 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.)

Reason Article III & Commerce Clause

N.Y. monopoly conflicted w/ Fed

Significance Power to regulate Interstate Commerce = Fed

Federal license superior to State license

". . . 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

Dartmouth v Woodward

Decision

Case

Reason

Significance