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First U.S. Supreme Court case to declare a law unconstitutional
Marbury v. Madison
Established the principle of judicial review
Marbury v. Madison
John Marshall was Chief Justice
Marbury v. Madison
Case arose from William Marbury not receiving his judicial commission
Marbury v. Madison
Involved the Judiciary Act of 1789
Marbury v. Madison
Strengthened the judiciary as a co-equal branch of government
Marbury v. Madison
Madison was Secretary of State who withheld the commission
Marbury v. Madison
Court ruled it did not have original jurisdiction to issue writs of mandamus
Marbury v. Madison
Showed limits on Supreme Court power under Constitution
Marbury v. Madison
Reinforced that Constitution is supreme law of the land
Marbury v. Madison
First major assertion of checks and balances by judiciary
Marbury v. Madison
Set precedent for Supreme Court to strike down laws
Marbury v. Madison
Decision written in 1803
Marbury v. Madison
Expanded judicial authority by interpreting Constitution broadly
Marbury v. Madison
Strengthened separation of powers in U.S. system
Marbury v. Madison
Marbury was appointed by outgoing President John Adams
Marbury v. Madison
“Midnight Judges” controversy tied to this case
Marbury v. Madison
Case outcome: Marbury did not get his commission
Marbury v. Madison
Defined role of Supreme Court in interpreting Constitution
Marbury v. Madison
Congress’s attempt to expand Court’s power was struck down
Marbury v. Madison
Famous quote: “It is emphatically the duty of the Judicial Department to say what the law is”
Marbury v. Madison
Strengthened power of federal courts over Congress
Marbury v. Madison
Judicial branch confirmed as a check on executive and legislative branches
Marbury v. Madison
Without this case
judicial review may not have been firmly established
Foundation of American constitutional law
Marbury v. Madison
Concerned state taxation of the national bank
McCulloch v. Maryland
Maryland attempted to tax the Baltimore branch of the U.S. Bank
McCulloch v. Maryland
Supreme Court ruled states cannot tax federal institutions
McCulloch v. Maryland
Established doctrine of implied powers
McCulloch v. Maryland
Based on the Necessary and Proper Clause
McCulloch v. Maryland
John Marshall was Chief Justice
McCulloch v. Maryland
Strengthened power of federal government over states
McCulloch v. Maryland
Reinforced supremacy of federal law
McCulloch v. Maryland
“The power to tax involves the power to destroy”
McCulloch v. Maryland
Bank of the United States declared constitutional
McCulloch v. Maryland
Expanded interpretation of the Constitution
McCulloch v. Maryland
Federal government can use powers not explicitly listed in Constitution
McCulloch v. Maryland
Limited states’ ability to interfere with federal government
McCulloch v. Maryland
Ruling strengthened national economic policy
McCulloch v. Maryland
First major case interpreting the Necessary and Proper Clause
McCulloch v. Maryland
McCulloch was cashier of the bank who refused to pay Maryland’s tax
McCulloch v. Maryland
Decision was unanimous
McCulloch v. Maryland
Established broad reading of federal power under Constitution
McCulloch v. Maryland
Reinforced concept of federal supremacy over state laws
McCulloch v. Maryland
Supported expansion of congressional authority
McCulloch v. Maryland
Decision made in 1819
McCulloch v. Maryland
Helped strengthen stability of national currency and banking system
McCulloch v. Maryland
Often cited in federalism debates
McCulloch v. Maryland
Strengthened the role of national government in early Republic
McCulloch v. Maryland
Major precedent for future Commerce Clause cases
McCulloch v. Maryland
Case during World War I about free speech
Schenck v. United States
Charles Schenck distributed anti-draft pamphlets
Schenck v. United States
Supreme Court ruled speech can be limited during wartime
Schenck v. United States
Established “clear and present danger” test
Schenck v. United States
Case restricted First Amendment rights
Schenck v. United States
Justice Oliver Wendell Holmes wrote the opinion
Schenck v. United States
Compared limits on speech to “shouting fire in a crowded theater”
Schenck v. United States
Upheld Espionage Act of 1917
Schenck v. United States
Reinforced government power during wartime
Schenck v. United States
Limited speech encouraging resistance to the draft
Schenck v. United States
Decision made in 1919
Schenck v. United States
Schenck argued his First Amendment rights were violated
Schenck v. United States
Court said freedom of speech is not absolute
Schenck v. United States
Decision unanimous
Schenck v. United States
Clear and present danger test became standard for decades
Schenck v. United States
Strengthened government authority in times of national crisis
Schenck v. United States
Restricted civil liberties during wartime
Schenck v. United States
One of the first cases testing limits of free speech
Schenck v. United States
Holmes later revised his position in later cases
Schenck v. United States
Example of balancing liberty vs. security
Schenck v. United States
Pamphlets urged draftees to resist the draft
Schenck v. United States
Schenck convicted under Espionage Act
Schenck v. United States
Set precedent for future free speech restrictions
Schenck v. United States
Reinforced that First Amendment rights are contextual
Schenck v. United States
Landmark case in constitutional law of free expression
Schenck v. United States