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Connor Behnen

2/13/12

Marbury v. Madison

Issue: Marbury was appointed as justice of the peace in the District of Columbia by John Adams

during his lame-duck session. James Madison, who was the Secretary of State under Thomas

Jefferson, refused to deliver the commission to Marbury. Without the commission, he could not

become justice and tend to the duties of justice. Marbury petitioned the Supreme Court to force

Madison via a writ of mandamus to send him his commission.

Facts: John Adams was defeated by Thomas Jefferson in the election of 1800. Before he left

office, he appointed 58 federalist judges. The Senate approved these appointments, but to

officially go into effect, the Secretary of State had to deliver commissions to the appointees. At

the time, it was John Marshall. He delivered as many commissions as he could but could not

deliver them all. The task then fell to James Madison after Jefferson swore in as president.

However, Madison chose not to deliver the remaining commissions. Marbury was one of thejustices awaiting his commission so petitioned the court to receive his commission.

Decision: The Court declared in a 4-0 decision that the withholding of Marburys commission

was indeed unconstitutional. However, the court also declared that the provision in the Judiciary

Act of 1789 that allowed Marbury to bring his case to court was also unconstitutional. The Court

declared that it therefore lacked jurisdiction in the case and denied Marburys petition.

Reasoning: The court implemented the idea of judicial review. It gave the court power to review

policies and legislation relative to the case and, if necessary, nullify such material that is found

unconstitutional.

McCulloch v. Maryland

Issue: Maryland attempted to impose a tax on all banks not chartered in Maryland. This referred

to the only bank not chartered in Maryland, the Second Bank of the United States, a federal bank

run by James McCulloch. McCulloch refused to pay the tax and the case was brought to the

Supreme Court.

Facts: In April of 1816, Congress created the Second Bank of the United States and a year later

opened a branch in Baltimore, Maryland. The General Assembly of Maryland then tried to kill of

this bank by imposing taxes on all banks not chartered in Maryland. James McCulloch refused to

pay the tax. Maryland argued that because the constitution did not grant the federal government

the authorization to charter a bank, it could not do it.

Decision: In a unanimous decision given by Justice John Marshall, the court ruled that, though

the constitution does not give them the specific power to establish a bank, it does give them the

power to tax and spend. The court claimed that a bank was a suitable instrument in assisting with

these powers. Maryland therefore was wrong in its taxing of the national bank, because it

interfered with thebanks operations.

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Reasoning: The decision in this case led to two very important principles in the United States

government. First, the federal government always trumps state government. State activities cant

interfere with national activities. Second, the Constitution grants Congress implied powers

(powers not directly given) to aid in the implementation of express powers (powers directly

spelled out in the Constitution).