fieldston american reader volume i – fall 2007 - Ethical Culture ...

it. Without pretensions to that high confidence you reposed inour first and greatest revolutionary character, whose preiminentservices had entitled him to the first place in his country’s loveand destined for him the fairest page in the volume of faithfulhistory, I ask so much confidence only as may give firmnessand effect to the legal administration of your affairs. I shalloften go wrong through defect of judgment. When right, Ishall often be thought wrong by those whose positions will notcommand a view of the whole ground. I ask your indulgencefor my own errors, which will never be intentional, and yoursupport against the errors of others, who may condemn whatthey would not if seen in all its parts. The approbation impliedby your suffrage is a great consolation to me for the past, andmy future solicitude will be to retain the good opinion of thosewho have bestowed it in advance, to conciliate that of others bydoing them all the good in my power, and to be instrumentalto the happiness and freedom of all.Relying, then, on the patronage of your good will, I advancewith obedience to the work, ready to retire from it wheneveryou become sensible how much better choice it is in your powerto make. And may that Infinite Power which rules the destiniesof the universe lead our councils to what is best, and give thema favorable issue for your peace and prosperity.Important Decisions of theSupreme Court1. MARBURY V. MADISON (1803)William Marbury was one of the federal judges appointed byPresident Adams under the Judiciary Act of 1801, an act whichwas repealed by the newly elected Republican controlled a yearafter it was passed. Marbury’s commission had been signed byPresident Adams but it had not been delivered; and the newSecretary of State1 James Madison, under the instructionsof President Thomas Jefferson1 refused to give Marbury hiscommission Marbury asked the Supreme Court for a writ ofmandamus ordering Madison to deliver his commission as ajustice of the peace for Washington, D.C. Section 13 of theJudiciary Act of 1789 empowered the Supreme Court to issuesuch a writ.DECISION: Marbury had a right to the appointment, but theSupreme Court had no power to issue the writ for him sincethis would have been an exercise of original jurisdiction. notwarranted by the Constitution. Congress had no power toadd to the original jurisdiction granted the Supreme Courtby the Constitution. In an obiter dictum the Supreme Courtstated that “The particular phraseology of the Constitutionof the United States confirms and strengthens the principle,supposed to be essential to all written constitutions, that a lawrepugnant to the constitution is void, and that courts, as wellas other departments, are bound by that instrument.”IMPORTANCE: This was the first time the Supreme Courtdeclared a law of Congress unconstitutional (Section 13 of theJudiciary Act of 1789), the first instance of judicial review. TheCourt did not declare another act of Congress unconstitutionaluntil Dred Scott v. Sandford (1857). As of 1979 only 105 actsof Congress have been declared unconstitutional in whole or inpart, although thousands of laws are passed every year.2. McCULLCH V. MARYLAND (1819)Congress incorporated the Bank of the United States, andestablished a branch in. Baltimore, Maryland. The State ofMaryland required all banks not chartered by the state to pay atax on each issuance of bank notes. McCulloch, the cashier ofthe Baltimore branch of the Bank of the United States, issuednotes without complying with the state law. Maryland suedfor the taxes due it.DECISION: The Constitution empowers the governmentwith the right to lay and collect taxes, to borrow money, toregulate commerce, to declare and conduct war, and to raiseand support armies and navies. In the “elastic clause,” Art.208 fieldston american reader volume i – fall 2007