The Court applies the Constitution
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THE COURT APPLIES THE CONSTITUTION
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The Court applies the Constitution. Gibbons v. Ogden. McCulloch v. Maryland. Worcester v. Georgia. McCulloch v. Maryland 1819. Facts- 1816-Congress-2 nd National Bank of the US Part of what system? Maryland imposes a tax---why? Who is James McCulloch? What does he refuse to do? - PowerPoint PPT Presentation
Transcript of The Court applies the Constitution
THE COURT APPLIES THE CONSTITUTION
McCulloch v. Maryland
Gibbons v. Ogden
Worcester v. Georgia
MCCUL L OCH V. MARY LAND1819
Facts-• 1816-Congress-2nd National Bank of the US• Part of what system?
Maryland imposes a tax---why?• Who is James McCulloch? • What does he refuse to do?
The Questions:• Did Congress have the authority to establish the
bank?• Did the Maryland law unconstitutionally interfere
with congressional powers?
THE MARSHALL COURT DECIDES:
Why do we call it the Marshall Court? Isn’t it the Supreme Court?
Court rules 7-0 for McCulloch.
Why? Does the Constitution say Congress can create a bank?• Article I Section 8 Clause 18
What about the issue of taxation?• Article VI—what’s that?• “the Constitution and the laws made in pursuance thereof are
supreme”
GIBB O NS V. O GDEN1824
The Facts:• New York gives Ogden exclusive rights to operate
steamboats on the Hudson River between NY & NJ • Gibbons ran two ferries on the same route!
The Case• Ogden sues in NY State
• –what’s an injunction?• Gibbons says wait-1793 Federal
regulation of commerce.
THE DECISION?
In NY Court----Yay Ogden! Gibbons STOP!
In NY State Supreme Court-Yay Ogden!
In US Supreme Court-----• NY wait a second.• Article I Section 8-Commerce Clause
• Quick-someone look it up!
“Congress shall have the power to regulate commerce…among the several states”
WO RCESTER V. GEOR GIA1832
The Facts:• Georgia passes a series of laws denying Cherokee Indians their
rightsand even remove them from certain lands.
• What was unique about the Cherokees?• The Cherokees felt that these laws violated treaties they had signed.
The Cases (note-cases!)• In a first case-Cherokee Nation v. Georgia-Court rules no jurisdiction
to rule…Indian Nations v Foreign Nations• 2nd case---who is Worcester-what license did he need to live on
Indian land? Worcester convicted. Big mistake by GA.
THE DECISION
Court rules that the Cherokee Nation is a separate political entity.
Treaties are in force. Only the US can negotiate the terms of the Indian
lands and their use.What did Jackson do? What happens?
SO….?
McCulloch v Maryland-what were the 2 key points?
Gibbons v Ogden-Congress regulates…?
Worcester v Georgia-Indians win, but…?
