U.S. Supreme Court Cases: Landmark Case Briefs

Case: McCulloch v. Maryland-1819 Name: Date:

ISSUE: What is the court asked to decide? (Note-the Supreme Court does not decide guilt or innocence. In most cases, it is attempting to clarify a constitutional question. State here what the Supreme Court was asked to decide, not the lower courts.)

·  Does Congress have the power under the Constitution to set up a National Bank AND

·  Can the state tax the National Bank

FACTS: What happened? Describe the facts of the case.

·  Congress sets up 2nd National Bank in Maryland

·  State of Maryland tries to tax the Bank

·  McCulloch (cashier) refuses to pay the tax

·  Maryland brings a suit against the bank-Maryland wins

·  McCulloch appeals the decision to the Supreme Court

DECISION: What did the court decide? The decision must always answer the question asked in the issue.

·  The State cannot tax a national bank set up by Congress (Supremacy Clause)

·  Congress can set up a National Bank-Implied Powers-Necessary and Proper Clause

REASONING: What were the justifications used by the court to reach its decision?

·  National Bank was necessary

·  Cannot destroy federal agency by taxing

U.S. Supreme Court Cases: Landmark Case Briefs

Case: Gibbons v. Ogden-1824 Name: Date:

ISSUE: What is the court asked to decide? (Note-the Supreme Court does not decide guilt or innocence. In most cases, it is attempting to clarify a constitutional question. State here what the Supreme Court was asked to decide, not the lower courts.)

·  Can a state regulate (interstate) commerce or is the authority of Congress?

FACTS: What happened? Describe the facts of the case.

·  Ogden (licensee of Fulton) had a monopoly of New York waterways

·  Gibbons, a steamboat owner who did business between New Jersey and New York, challenged the monopoly

DECISION: What did the court decide? The decision must always answer the question asked in the issue.

·  The monopoly granted to Ogden by the state of NY was deemed unconstitutional

REASONING: What were the justifications used by the court to reach its decision?

·  New York could not regulate coastal trade-it is a job of the Congress

·  Interstate commerce is regulated by Congress so there is a common market and it prevents states from impeding commerce from other states (no tariffs from state to state)

2017-2018 U.S. Supreme Court Cases: Landmark Case Briefs

Case: McCulloch v. Maryland-1819 Name: Date: October 9, 2017

ISSUE: What is the court asked to decide? (Note-the Supreme Court does not decide guilt or innocence. In most cases, it is attempting to clarify a constitutional question. State here what the Supreme Court was asked to decide, not the lower courts.)

FACTS: What happened? Describe the facts of the case.

DECISION: What did the court decide? The decision must always answer the question asked in the issue.

REASONING: What were the justifications used by the court to reach its decision?

WHY THIS CASE IS IMPORTANT TO US POLITICS/GOVT:

2017-2018 U.S. Supreme Court Cases: Landmark Case Briefs

Case: Gibbons v. Ogden-1824 Name: Date: October 9, 2017

ISSUE: What is the court asked to decide? (Note-the Supreme Court does not decide guilt or innocence. In most cases, it is attempting to clarify a constitutional question. State here what the Supreme Court was asked to decide, not the lower courts.)

FACTS: What happened? Describe the facts of the case.

DECISION: What did the court decide? The decision must always answer the question asked in the issue.

REASONING: What were the justifications used by the court to reach its decision?

WHY THIS CASE IS IMPORTANT TO US POLITICS/GOVT: