Three Landmark Court CasesName and Date of the Case Facts of the Case Summary of the Decision Significance of the Decision

Marbury v. Madison, 1803

William Marbury, appointed to a federal judgeship by outgoing president Adams, was denied his commission by incoming President Jefferson. Marbury argued that the Supreme Court could force Secretary of State Madison to perform his official duty to deliver Marbury his commission.

The Court struck down as unconstitutional the law on which Marbury had based his case.

Established the principle of judicial review.

McCulloch v. Maryland, 1819

After Congress created a Second Bank of the U.S., several states, including Maryland (which opposed the creation of a national bank), charged a tax on the bank’s branches. James McCulloch, cashier of the Maryland branch, refused to pay the tax.

The Court held that the power to create a national bank was supported by the Elastic Clause, but that states did not have the power to tax a national bank as that would put state law above federal law.

Asserted a broad expansion of the powers of Congress and that federal law trumps state law

United States v. Nixon, 1974

Senate discovers that President Nixon secretly recorded conversations in the Oval Office. President Nixon claimed executive privilege after the Senate asked him to hand over the recordings.

The Court decided against Nixon, saying that executive privilege must be considered in light of the circumstances.

Reinforced the principle of rule of law—that even presidents are subject to the law