The document discusses key Supreme Court cases that established the power of judicial review in the US. It summarizes Marbury v. Madison, which established that the Supreme Court has the power to review laws and determine if they are constitutional. It also summarizes McCulloch v. Maryland and Gibbons v. Ogden, which strengthened Congress's implied powers and ruled that federal law takes precedence over state law in regulating interstate commerce.

1. Judicial Review
Power of the Courts

2. Judiciary Act of 1789
 George Washington
 Created the Federal Court System and
outlined the powers of the Supreme Court.
 Review cases already tried in the country
 Determine if laws passed in Congress were
unconstitutional
 Check the actions of the Executive branch

3. New Law
 All individuals not born in the U.S. MUST return
to their native country within a month. If
necessary, force will be used to enforce the law.
 What could be done if we didn’t like this law?
 How could we change it?
 What is the only part of our government that can
overturn a law?
 How do they overturn a law?
 Does any branch have the power to force the others
to do their job correctly?

4. Marbury v. Madison
 WHO: (P) William Marbury v (D) James Madison
 WHAT: As John Adam’s term came to an end, Adams
made 58 last-minute government appointments in order
to keep the Federalist influences in power. As Jefferson,
entered office, one of those commissions, namely that of
William Marbury was not being honored because he
wasn’t given papers to take his office. Jefferson told
Madison not to deliver the papers to Marbury. Marbury
sued Madison who was Secretary of State and asked the
Supreme Court to issue a court order requiring Madison
to deliver the papers so he can take his in office.

5.  When and where: February, 1803 in
Washington DC
 Summary: The case was heard in the
Supreme Court. Marbury demanded the
Supreme Court to force the executive
branch to give him his job. According to
Marbury, the Judiciary Act of 1789 gave
the Supreme Court that power.

6.  COURT DECISION: The Supreme Court denied
Marbury’s petition, holding that the Judiciary Act of 1789
was unconstitutional based on this interpretation.
 Overall Effects: Supreme Court said that court did not
have the power to enforce the Executive branch into
actions as stated in the Judiciary Act of 1789. Each
branch of government is independent of the others and
only a system of “checks and balances” exist to avoid
abuse of powers. Each branch of government has
limited power that is stated in the Constitution.
 This law suit gave the Supreme Court the power of
judicial review.

7. James McCulloch v. State of
Maryland
 Who: (P) James McCulloch v. (D) State of
Maryland
 What: State of Maryland had attempted to
impede operations of a branch of the
Second Bank of the United States by
imposing a tax on all notes of banks not
charted in Maryland.
 When and where: March 1819 in
Washington DC

8.  Summary: When called upon to pay a
$15,000 tax, James McCulloch, a cashir at
the Baltimore Branch of the Second Bank
of the United States, refused. He was
convicted by a Maryland court and fined
$2,500. He appealed to the Maryland
Court of Appeals and failed. He then
appealed to the US Supreme Court.

9.  COURT DECISION: Congress has “implied
powers” necessary to achieve the powers
expressly granted in the Constitution.
 Overall Effects: The ruling gave Congress
the power to create a national bank,
although the Constitution does not specify
it.

10. Thomas Gibbons v. Aaron Ogden
 Who: (P) Thomas Gibbons v. (D) Ogden
 What: Steamboat operations between
New York and New Jersey. Regulation of
interstate commerce on the river.
 When and where: March 1824 in
Washington DC

11.  Summary: New York issues an injuction
against Thomas Gibbons prohibiting his
steamboat operations between New York
and New Jersey even though he was
federally licensed. His business was in
violation of a state law that granted Aaron
Ogden a monopoly of all steam boat
operations in New York. Gibbons
appealed to the US Supreme Court.

12.  COURT DECISION: New York law was de facto
interference with the federal regulation of
interstate commerce and was unconstitutional.
Waterways are controlled by the federal
government.
 Overall effects: Federal laws have precedence
over State laws; Abolished monopoly control
over navigation and led to increase federal
regulation of the economy.

13. Judicial Review
 Definition: the power that the Supreme Court
has to review acts of laws and already tried
cases.
 Before: Marbury v. Madison – Supreme Court
had very little power and was uncertain of their
role in government
 NOW: the Supreme Court had power to check
the other two branches of government to see if
laws passed follow the Constitution and the
actions of the Executive branch