establishing the courts

ware v. hylton (1796)

• one of the first cases to uphold supremacy clause

• supremacy clause

  • us constitution, federal laws, and treaties take precedence over state laws

• treaty of paris (1783):

  • ended american revolution

  • established that neither sovereign nation could impede with debt collection from debtors

• virginia state law protected state resident from debtors

• john tyndal ware (british collector) v daniel hylton (virginia merchant)

• supreme court sides with ware - review state laws

hylton v. US (1796)

• first case to review federal statutes

• US constitution required direct taxes to be apportioned among states per population. more populated states responsible for larger share of taxes

• congress passes a carriage tax, $16 on each carriage owned by an individual or business

• daniel hylton challenges federal law as not being apportioned among the states

• supreme court holds carriage tax is not a direct tax

• review of and uphold federal law

chisolm v. georgia (1793)

citizen v the state

• robert farquhar of south carolina sold georgia supplies during american revolution

• farquhar dies and alexander chisolm takes up the case

• chisolm sues state of georgia for non-payment

legal question

• can state citizens sue states in federal court?

determination and outcome

• yes, citizens can sue the states

• reaffirmed federal court power to hear disputes between citizens and states

• 4-1 decision. sole dissent from justice james iredell. majority decision unpopular

• decision repealed by the 11th amendment to the us constitution

marbury v. madison

• outgoing president john adams and “midnight judges”

  • tries to secretly appoint judges before his term ends

• incoming president thomas jefferson and sect. of state james madison

• part of judicial act of 1789 unconstitutional

SC struck down legislation before 1803