Facts of Marbury V. Madison
Marbury sued Madison because he failed to do this.
What is “delivering his commission/appointment”?
Maryland tried to tax ________ in the case of McCulloch v. Maryland.
What is “the Second National Bank”?
This clause was used to justify the creation of a National Bank in McCulloch v. Maryland.
What is “the necessary and proper clause”?
In McCulloch v. Maryland, the Supreme Court ruled that the federal government had the power to _____, and that states could not ________.
What are “create a national bank” and “tax the national bank”?
If Marbury v. Madison had never occurred, what might have changed about the McCulloch v. Maryland decision?
The Supreme Court would not have been able to declare the creation of the national bank constitutional or the taxing of the bank unconstitutional.
Chief Justice John Marshall was part of this political party.
What is “the Federalist party”?
Maryland tried to tax the bank for this reason.
What is “to destroy it / they thought its creation was unconstitutional”?
The Supreme Court used this clause to explain why Maryland could not tax the National Bank in McCulloch v. Maryland
What is “the supremacy clause”?
This power, established by the Marbury v. Madison ruling, allows the Supreme Court to determine the constitutionality of acts of the other branches of government.
What is “judicial review”?
How does McCulloch v. Maryland explain why federal authorities can arrest people for marijuana use even in states where it is legalized?
McCulloch v. Maryland asserted that federal law trumps state law, and marijuana is still illegal on the federal level, so people can be arrested for marijuana use regardless of state law.
This President appointed many officials, including Marbury, before leaving office.
Who is “President John Adams”?
Maryland sued McCulloch because he did this.
What is “refused to pay the tax”?
In Marbury v. Madison, the Supreme Court ruled that an act of Congress contradicted this part of the Constitution.
What is “Article III, Section 2”?
The ruling in McCulloch v. Maryland gave Congress ______ powers that are not explicitly stated in the Constitution.
What are “implied powers”?
Explain how the McCulloch v. Maryland ruling allowed for the creation of acts such as the Civil Rights Act and the Americans with Disabilities Act.
McCulloch v. Maryland gave Congress implied powers, which let them stretch the commerce clause to create acts like the Civil Rights Act and the ADA that regulate businesses. AND/OR McCulloch asserted that federal law trumps state law, so these acts override discriminatory state laws.
This act of Congress allowed Marbury to take his case to the Supreme Court and allowed the Court to order Madison to deliver the commissions.
What is “the Judiciary Act of 1789”?
The state court ruled that chartering the Second National Bank was _______
What is “unconstitutional”?
These four enumerated powers of Congress were used to justify the creation of the National Bank.
What are “to lay and collect taxes, to borrow money, to regulate commerce, and to coin money.”?
In Marbury v. Madison, the Supreme Court ruled that Madison should deliver the commission, but that they could not order him to do so because _________.
What is “the Judiciary Act of 1789 was unconstitutional” and/or “they should not have had original jurisdiction of his case”?
How would the outcome of Marbury v. Madison be different if Marbury had gone through a lower court first, then appealed to the Supreme Court?
Madison would have had to deliver the commission, and/or the principle of judicial review would not have been established.
Marbury wanted the Supreme Court to issue a ______, a court order for a government official to fulfill their duties.
What is “a writ of mandamus”?
McCulloch held this position at the Baltimore branch of the bank
What is “a federal cashier”?
The case of Marbury v. Madison dealt with when the Supreme Court has original jurisdiction. According to the Constitution, the Supreme Court has original jurisdiction in these cases.
What are “cases involving ambassadors and when states sue other states”?
In the McCulloch v. Maryland ruling, Chief Justice John Marshall famously said that “the power to _____ involves the power to ____”
What is “the power to tax involves the power to destroy”?
Explain how the case of US v. Lopez and the Gun Free School Zones Act relates to both Marbury v. Madison and McCulloch v. Maryland
Congress justified the Gun Free School Zones Act by saying that it fell under the implied powers of the commerce clause and McCulloch v. Maryland established that Congress has implied powers. In the US v. Lopez ruling, the Supreme Court declared the GFSZA unconstitutional, exercising the power of judicial review established in Marbury v. Madison.