In May, 1818, James William McCulloch was a cashier at the Baltimore branch of the Second Bank of the United States. McCulloch issued a series of bank notes on which the bank did not pay a Maryland state tax. The state treasurer quickly sued to recover the money and won a judgment in Maryland’s highest court. The Supreme Court soon accepted the case, which would have a profound impact in defining the principle of federalism, the reading of the Necessary and Proper Clause in the Constitution, and the national vision of the Marshall Court.
Marbury v. Madison (1803)90 in 90 2017, Blog, Daniel Cotter 7. U.S. Supreme Court Decisions and Justices, 13. Guest Constitutional Scholar Essayists, 7. The United States Supreme Court: Landmark Decisions and the Justices Who Made Them., Daniel Cotter, Marbury v. Madison (1803) – Guest Essayist: Daniel A. Cotter, Marbury v. Madison 1803 A Landmark Decision Establishing The Supreme Court’s Role
Marbury v. Madison (1803) – A Landmark Decision Establishing The Supreme Court’s Role
In an effort to fill the Chief Justice vacancy on the Supreme Court before leaving office, President John Adams offered the position to John Jay, who declined, citing the lack of dignity and respect of the Supreme Court. Secretary of State John Marshall was with Adams when Adams received Jay’s rejection letter and, with time running out, Adams offered Marshall the Chief Justice position, which Marshall accepted. The Senate confirmed Marshall on January 27, 1801, and he became Chief Justice. However, a Democratic-Republican Party-led Congress repealed the Judiciary Act of 1801 (aka the “Midnight Judges Act”) and subsequently replaced it with the Judiciary Act of 1802, causing the Supreme Court to be on hiatus from December 1801 until February 1803.