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The Court applies the Constitution

The Court applies the Constitution. Gibbons v. Ogden. McCulloch v. Maryland. Worcester v. Georgia. McCulloch v. Maryland 1819. Facts- 1816-Congress-2 nd National Bank of the US Part of what system? Maryland imposes a tax---why? Who is James McCulloch? What does he refuse to do?

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The Court applies the Constitution

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  1. The Court applies the Constitution

  2. Gibbons v. Ogden McCulloch v. Maryland Worcester v. Georgia

  3. McCulloch v. Maryland1819 • Facts- • 1816-Congress-2nd National Bank of the US • Part of what system? • Maryland imposes a tax---why? • Who is James McCulloch? • What does he refuse to do? • The Questions: • Did Congress have the authority to establish the bank? • Did the Maryland law unconstitutionally interfere with congressional powers?

  4. The Marshall Court Decides: • Why do we call it the Marshall Court? Isn’t it the Supreme Court? • Court rules 7-0 for McCulloch. • Why? Does the Constitution say Congress can create a bank? • Article I Section 8 Clause 18 • What about the issue of taxation? • Article VI—what’s that? • “the Constitution and the laws made in pursuance thereof are supreme”

  5. Gibbons v. Ogden1824 • The Facts: • New York gives Ogden exclusive rights to operate steamboats on the Hudson River between NY & NJ • Gibbons ran two ferries on the same route! • The Case • Ogden sues in NY State • –what’s an injunction? • Gibbons says wait-1793 Federal regulation of commerce.

  6. The Decision? • In NY Court----Yay Ogden! Gibbons STOP! • In NY State Supreme Court-Yay Ogden! • In US Supreme Court----- • NY wait a second. • Article I Section 8-Commerce Clause • Quick-someone look it up! • “Congress shall have the power to regulate commerce…among the several states”

  7. Worcester v. Georgia1832 • The Facts: • Georgia passes a series of laws denying Cherokee Indians their rights and even remove them from certain lands. • What was unique about the Cherokees? • The Cherokees felt that these laws violated treaties they had signed. • The Cases (note-cases!) • In a first case-Cherokee Nation v. Georgia-Court rules no jurisdiction to rule…Indian Nations v Foreign Nations • 2nd case---who is Worcester-what license did he need to live on Indian land? Worcester convicted. Big mistake by GA.

  8. The Decision Court rules that the Cherokee Nation is a separate political entity. Treaties are in force. Only the US can negotiate the terms of the Indian lands and their use. What did Jackson do? What happens?

  9. So….? • McCulloch v Maryland-what were the 2 key points? • Gibbons v Ogden-Congress regulates…? • Worcester v Georgia-Indians win, but…?

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