Marbury v. Madison(Appointed fed. Judge by Pres. Adams night before Adams left office)

(Sec. of State for Jefferson)

(1803)• Background

– “Midnight Judge” Marbury asked Supreme Court to order Madison to deliver his commission as a federal judge (according to the Judiciary Act of 1789)

• Constitutional Issue– The Judiciary Act of 1789

added the power of the writ of mandamus (a court order requiring a gov’t official to carry out his duty) to the original powers in the Constitution

Marbury v. Madison

• Decision– Judiciary Act of 1789 was unconstitutional

because it added types of original jurisdiction for the Supreme Court that were not given to the SC in the Constitution

• Importance– Supreme Court established the precedent of

JUDICIAL REVIEW – the power of the court to declare a law unconstitutional

Fletcher v. Peck(1810)

• Background:

Georgia legislature was involved in a corrupt land deal. A new GA legislature revoked the sale of the land. Mr. Peck bought land from original company and sold it to Mr. Fletcher. Mr. Fletcher wanted his contract with Mr. Peck to be declared null & void and his money returned because Mr. Peck did not have clear title to the land when it was sold.

Fletcher v. Peck

• Issue:– Can a contract be

cancelled by a new law passed by the legislature?

• Decision– Original land sale was

legal (even though the legislature was corrupt). Cannot cancel the sale ex post facto ! (after the fact)Importance:

States cannot pass a law impairing the terms of a contractSupreme Court declared a state law unconstitutional

Dartmouth College v. Woodward(1819)

• Background– Dartmouth was originally

chartered as a private college

– In 1816, the State of New Hampshire passed a law converting it to a state-run college

• Constitutional Issue– Did the N.H. law violate the

Constitutional provisions protecting private property and the legality of contracts?

Dartmouth College v. Woodward

• Decision– Actions of N.H. legislature were

unconstitutional. The charter was considered to be a contract and could not be broken by the state

• Importance– Supreme Court reversed the decision of the

state court.– It guaranteed the protection of contracts from

government actions

McCulloch v. Maryland(1819)

• Background– Maryland imposed a tax on

the Bank of the US branch office in Maryland in an attempt to force the BUS out of business in Maryland

• Constitutional Issue– Was the BUS properly

created through the use of the elastic clause?

– Can the state tax a federal agency like the BUS?

McCulloch v. Maryland

• Decision– Upheld the Constitutionality of the BUS– Ruled the states cannot tax the federal

government because “the power to tax is the power to destroy”

• Importance– ↑ power of the national gov’t through

use of elastic clause– Limited power of states

Gibbons v. Ogden(1824)

• Background– 2 men operating competing steamboats in the waters between NY & NJ– Ogden – exclusive license by NY– Gibbons – license from federal gov’t

• Constitutional Issue– Could NY authorize exclusive rights to the waters between NY & NJ?

Gibbons v. Ogden

• Decision– Operation of steamboats was interstate

commerce; Congress (not states), regulates interstate commerce

• Importance– Defined interstate commerce to include

transportation (eventually railroads, airlines, trucking companies)

– Expanded role of federal gov’t

Worcester v. Georgia(1832)

• Background– 2 missionaries refused to

obey the Georgia law requiring all whites living in Cherokee territory to obtain a license.

• Constitutional Issue– Can the state pass laws

concerning the Indian Nations or are the Indian Nations sovereign (have right to make their own decisions)?

GO TO PG. 9 IN STUDY PACKET…

Worcester v. Georgia

• Decision– The state has no power to pass any laws affecting the

Cherokees because it was federal jurisdiction

• Importance– Established tribal autonomy (sovereignty) within their

boundaries– Pres. Jackson disagreed, refused to enforce this

decision; – Cherokees won case but later were removed from

land by state of Georgia…“Trail of Tears”

Pg. 9 -Ways Native Americans tried to survive:

• Cultural adaptation: adjust Native culture to blend in with whiteman’s culture

• Cultural revitalization: strengthen Native cultures and traditions to pass on to next generations (“Ghost Dance”)

• Pan-Indian Movement – unite with other tribes; strength in numbers

• Resistance: militant and/or civil disobedience