Gibbons Vs Ogden Case Analysis
The United States of America between the time period of 1800-1835 were creating the first modern democracy. They had a separation of powers by creating a Legislative, Executive, and Judiciary Branch. The Legislative branch being the the Senate and House of Representatives, the Executive branch being the President and his advisors, and the Judiciary branch being the Supreme court. The Supreme Court informed and validated all the laws. In the end, the Supreme Court in many of their cases like Gibbons v. Ogden, McCulloch v. Maryland, Marbury v. Madison, and Cohens v Virginia made decisions that sought to assert federal power over state laws and the primacy of the judiciary in determining the meaning of the constitution. The Supreme Court sought …show more content…
Ogden, which was about New York requiring out-of-state boats to pay fees to go through there waters. A man named Thomas Gibbons who owned a steam boat that went through New Jersey and New York waters everyday challenged the States monopoly. The case eventually went to the Supreme Court where Chief Justice John Marshall said that those state laws weren't valid since it didn't work with the congressional act. The state of New York had created a law that allowed them to earn money, but the government didn't like the idea that the state was regulating its waters so they voided the law. In the case McCulloch v. Maryland, the state of Maryland placed a tax on the Second Bank of the United States. James McCulloch an employee of the bank refused to pay the tax, so the case went to the Supreme Court. The Supreme Court held a unanimous vote and they voided the tax on the employees of the bank and they denied the law that was placed. In this case, the Supreme Court felt that they upheld the laws and the constitution and that the states were controlled by the Supreme Court. In the Case Marbury v. Madison, former president John Adams towards the end of his presidency had selected a number of Justices of Peace which were approved by the senate, signed by the president, and closed with the
Case Study: Mcculloch Vs. Maryland
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Gibbons Vs Ogden Case Study
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252 Words | 2 PagesJohn Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.
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811 Words | 4 PagesMaryland passed this law to tax the federal bank. McCulloch, the President of the bank refused to pay the tax. The State of Maryland sued McCulloch, and the Supreme Court accepted the case. In the opinion written by Chief Justice Marshall, the Court ruled that the Bank of the United States was constitutional and that the Maryland tax was not. The Supreme Court said that the Bank of the United States has every right due to the Necessary and Proper Clause of Article I, Section 8 which stated that Congress can pass laws that they consider “necessary and proper”.
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