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Created with Fabric.js 1.4.5 Marbury vs Madison (1803)Established the principle of judicial review.The court ruled that the part of the judiciary act that gave the court too much power went against the constitutuion.It strengthened the power of the judiciary by making it final authority in interpreting the constitutionIt gave the right to the supreme court to declare a law unconstitutional. McCullouch vs Maryland (1819)The Court determined that Congress did have the power to create the Bank. Chief Justice Marshall supported this conclusion with four main arguments.[1] First, he argued that historical practice established Congress' power to create the Bank. Marshall invoked the first Bank of the United States history as authority for the constitutionality of the second bank.[1] The first Congress enacted the bank after great debate and that it was approved by an executive "with as much persevering talent as any measure has ever experienced and being supported by arguments which convinced minds as pure and as intelligent as this country can boast."[2]Second, Chief Justice Marshall refuted the argument that states retain ultimate sovereignty because they ratified the constitution. "The powers of the general government, it has been said, are delegated by the states, who alone are truly sovereign; and must be exercised in subordination to the states, who alone possess supreme dominion."[3] Marshall contended that it was the people who ratified the Constitution and thus the people are sovereign, not the states.[1]Third, Marshall addressed the scope of congressional powers under Article I. The Court broadly described Congress' authority before addressing the necessary and proper clause. Marshall admitted that the Constitution does not enumerate a power to create a central Bank but said that this is not dispositive as to Congress's power to establish such an institution.Chief Justice Marshall wrote, "In considering this question, then, we must never forget, that it is a constitution we are expounding. Gibbons vs Ogden (1824)The power to regulate Commerce is:the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the Constitution.In interpreting the power of Congress as to commerce among the several states:The word among means intermingled with. A thing which is among others, is intermingled with them. Commerce among the States, cannot stop at the external boundary line of each State, but may be introduced into the interior.Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more States than one.Defining how far the power of Congress extends: The power of Congress, then, comprehends navigation, within the limits of every State in the Union; so far as that navigation may be, in any manner, connected with commerce with foreign nations, or among the several States. Chief justice John MarshallBefore he was appointed to the position the supreme court was often viewed as the weakest of 3 branchesMarshall made the supreme court a new center of government power.the Marshall court established the principle of judicial review. Dred Scott v. Sandford, 60 U.S. 393 (1857), was a landmark decision by the U.S. Supreme Court in which the Court held that African Americans, whether enslaved or free, could not be American citizens and therefore had no standing to sue in federal court, and that the federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States. Dred Scott, an enslaved African American man who had been taken by his owners to free states and territories, attempted to sue for his freedom. In a 72 decision written by Chief Justice Roger B. Taney, the Court denied Scott's request. For only the second time in its history the Supreme Court ruled an Act of Congress to be unconstitutional.[4]
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