Nicholas RussoMoloney2Unit 3 Supreme Court CasesMarbury v.Madison, 1803I. Historical BackgroundDemocratic-Republicans take over the executive branch and legislative branches after the election of 1800.Federalists wanted to ensure their influence over the judicial branch of government.They wanted to maintain their loose interpretation of the Constitution.The Federalists enacted the Judiciary Act of 1801, which created new federal judge positions. They filled those positions with federalist judges, all the way up to the last night of Adams’ administration.II. Circumstances of the CaseWilliam Marbury was to be a justice of the peace for Washington D.C. according to the Judiciary Act of 1801.President Adams left the paperwork that was supposed to be delivered on his desk.The new secretary of state, James Madison, found the signed and sealed papers and asked Jefferson what to do.Jefferson told Madison not to send the letters. Marbury appealed to the Supreme Court, and asked themto force James Madison to send the letter.Did the Supreme Court have the power to force Madison to send the letters?III. Decision and RationaleThe Supreme Court decided that they could not force the secretary of state to surrender the papers because the act that gave them that power, the Judiciary Act of 1789, was unconstitutional.Since that power was “beyond the intent of the Framers,” the Supreme Court could not constitutionally act on Marbury’s request.The act was simply beyond the powers of the Supreme Court.The led to the notion of judicial review, giving the Supreme Court the power to determine the constitutionality of laws passed by Congress.McCulloch v. Maryland, 1819I. Historical BackgroundThroughout the early years of the Republic, the power of the federal government grew immensely, mostly due to Chief justice Marshall. His decisions asserted the power of the National Government and struck down States’ rights advocates. In the late 1810s, financial stability was a major issue, Madison’s administration did not renew the charter of the Bank of the United States when it expired in 1811, and the War of 1812 pressed the nation’s economy. Banks could not handle the industrial growth of the nation afterwards.The government had to pass the charter for the Second bank of the United States in 1816. Many detested the bank, which they viewed as a symbol of power and privilege of national interests.
II. Circumstances of the CaseOne of the states that were unhappy with the Second Bank of the United States was Maryland. Before a