Marbury v. Madison: Background?
-Adams appoints Marbury as justice of people, Jefferson refuses to accept commissions (was after expiration of Adam's term), Marbury sues Madison (just doing what Jefferson told him). 1803.
Marbury v. Madison: Issue
-Is Marbury entitled to his appointment?
-Is his lawsuit the way to get it?
-Is the Supreme Court the place to get relief?
Marbury v. Madison: Court Decision
-Gives Judiciary branch power to interpret laws, created judiciary reviews.
Marbury v. Madison: Legal Impact
-Gave Congress power to interpret the Constitution and laws
-Judiciary branch has more power then the President and Congress
McCulloch v. MD: Background
-Congress permits Second Bank of US to be created in 1816
-Taxes put on bank by MD
-James MucCulloch was cashier at Baltimore branch, refused to pay taxes
McCulloch v. MD: Issue
-Did Congress have the authority to establish a bank?
-Did the MD law unconstitutionally interfere with Congressional powers?
McCulloch v. MD: Court Decision
Congress has power to create the bank, MD can't tax the bank. "The power to tax is the power to destroy".
McCulloch v. MD: Legal Impact
-Important in formation of balance between Federalism, federal power, and state power
-Congress has in Constitution, not states
-Became source for future: New Deal, Welfare State
Dartmouth College v. Woodward: Background
-State of New Hampshire wants to change Dartmouth from a private to a state institution
-law wanted to transfer power of trustee appointments to state g'vts
-Old trustees filed suit vs. Woodward- American college secretary
Dartmouth College v. Woodward: Issue
-Did the New Hampshire legislature unconstitutionally interfere with Dartmouth College's rights under the contract clause?
Dartmouth College v. Woodward: Decision
-Dartmouth would stay a private institution
-Legislature wouldn't interfere because it was a contract between two private parties.
Dartmouth College v. Woodward: Legal Impact
Private institutions have their own rights, sets precedent. County doesn't need to be involved in the private doings of institutions.
Gibbons v. Ogden: Background
-New York gives Livingston and Fulton exclusive right to operate steamboats for commercial interests. They paid NY for them
-Congress licensed Gibbons a steam-boat service between NJ and NY.