Courts
 The point of the courts is to provide a place where we
can argue about matters relating to the law.
 The point of lawyers is to help people argue their
positions better.
 Lawyers are good at arguing, and they know the law
and how courts have decided similar cases.
Example: The United States
Supreme Court
(9 Justices)
Justices
 We call the judges in the Supreme Court justices.
Judicial Review
• The power of the courts to determine the
constitutionality of the actions of the
legislative and executive branches of
government.
• Example: The precedent for Judicial Review
was established in the 1803 case of
Marbury v. Madison.
“...Few things were better known, than the immediate
causes which led to the adoption of the present
constitution ... that the prevailing motive was to regulate
commerce; to rescue it from the embarrassing and
destructive consequences, resulting from the legislation
of so many different States, and to place it under the
protection of a uniform law.”
—Chief Justice John Marshall
Key Principles
 Federalism – roles of government are divided up between
the different levels of government
 National Supremacy – the federal government shares
powers with the state/local governments, but the federal
government has more power and can override the
state/local government.
 Commerce Clause - Refers to Article 1, Section 8, Clause 3
of the U.S. Constitution, which gives Congress the power
“to regulate commerce with foreign nations, and among
the several states, and with the Indian tribes.”
 Elastic Clause – Refers to Article 1, Section 8, Clause 18 of
the U.S. Constitution, which gives Congress the power “to
make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government...”
Key Vocabulary
Key Idea
Implied
Powers
Definition
Powers that belong to
Congress even though it is
not directly stated in the
Constitution
Interstate Economic activity involving
Commerce more than one state.
States’ Rights, Commerce Clause
Background of the Case
 In 1808, the government of New York granted a steamboat





company a monopoly to operate its boats on the state's waters,
which included bodies of water that stretched between states.
Aaron Ogden held a license under this monopoly to operate
steamboats between New Jersey and New York.
Thomas Gibbons, another steamboat operator, competed with
Aaron Ogden on this same route but held a federal coasting
license issued by an act of Congress.
Ogden filed a complaint in New York court to stop Gibbons from
operating his boats, claiming that the monopoly granted by New
York was legal even though he operated on shared, interstate
waters.
Gibbons disagreed arguing that the U.S. Constitution gave
Congress the sole power over interstate commerce.
After losing twice in New York courts, Gibbons appealed the case
to the Supreme Court….
The ruling will be provided, with double-sided notes
and questions to be completed for homework.
Summary of the Decision
Gibbons v. Ogden (1824)
 The Supreme Court determined that the commerce
clause of the Constitution grants the federal
government the power to determine how interstate
commerce is conducted.
 So, because Gibbons had a license to operate from the
federal government, the state of New York could not
deny him the right to operate.
 The commerce clause and the supremacy clause gave
the federal government the power to regulate the
shipping commerce, and not to have the state overrule
its regulations.
McCulloch v. Maryland (1819)
 A landmark decision by the Supreme court.
 Said two main things:
 First, the Constitution grants to Congress implied
powers for implementing the Constitution's express
powers, in order to create a functional national
government. Second, state action may not impede
valid constitutional exercises of power by the Federal
government.