Marshall Court Cases:  Establish Federal Supremacy

Marbury v Madison

McCulloch v Maryland

Facts:  In 1789, the US Congress and the then President, George Washington passed the Judiciary Act of 1789.  That act created several lower courts in support of the Supreme Court.  Later, President John Adams passed the Judiciary Act of 1801 which again created lower Courts including the Washington DC Court.  Before, he left office, John Adams nominated and the Senate approved the appointments of several Federalists federal judges, known as the "Midnight Judges", who were appointed for life (as all federal judges are).  When Thomas Jefferson, a Jeffersonian Republican, came into office shortly thereafter, he attempted to block the appointment of Federalist William Marbury.  Marbury sued Jefferson's Secretary of State James Madison who withheld Marbury's appointment.  The Supreme Court had to decide Marbury could ask for a writ of mandamus--a court order to force Madison to given Marbury his job.  Issue:  The Supeme Court had to decide the amswer of three questions: (1)  Does Marbury deserve the job? (2) Can the Courts remedy his problem? (3)  Can the Supreme Court remedy his problem? Decision:  The Supreme Court reasoned that Marbury did deserve the job--appointed and approved.  The Courts could help him; however, the Supeme Court could not remedy his problem as the Constitution does not permit the Supreme Court to hear a case involving a writ of mandamus under original jurisdiction.

Facts: The state of Maryland attempted to tax a branch of the Bank of the United States.  Many people, like Thomas Jefferson, felt the Court was illegally set uo using the elastic clause. The branch manager, McCulloch, refused to pay the tax.  The dispute went to the Supreme Court. Issue:  Whether a state can tax an agency of the federal government. Decision:  The Supreme Court reasoned that the Bank was leagally set up using the elastic clause.  Moreover, the Court decided that the federal government  is superior to the states and states cannot tax the federal government.

GIbbons v Ogden

Facts:  Gibbons and Ogden were partners in a steam boat shipping business.  Both were granted a license to conduct commerce with New York State .  When the partnership dissolved Gibbons applied for and was granted a federal license to conduct interstate commerce.  Ogden sued to prevent his former partner from operating his steam boat.  Ogden won in state court.  The case was appealled to the Supreme Court Issue:  Whether New York could deny Gibbons, who has a federal license, from operating his steam boat. Decision: The Court decided that bothe Ogden and Gibbons could operate their boats in New York.  Gibbons' federal license allowed him to operate in several states while Ogden could operate only in New York.  In all, the Court reasoned that the Federal Government could control interstate commerce.

Task: Create a poem that highlight the Marshall Court decisions that strengthened the power of the federal government