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Marbury v. Madison

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.

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Marbury v. Madison

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

  2. Background of Case ??? Arguments Arguments Impact of Case

  3. 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

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

  5. 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

  6. 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

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

  8. 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?

  9. 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”

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

  11. 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)

  12. 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

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