I'm appointing you as the new Justice of Peace. Congrads!
I'll make sure of that Mr. President.
Now, that I am in office, things are going to be different...Marbury will NOT be Justice of Peace.
Thomas Jefferson is now President.
This is not right...It's not fair!!! I'm taking this to the Supreme Court!
Secretary of State Office
I am not going to deliver your commission.
I'm sorry Marbury, but according to the Judiciary Act of 1798 the court cannot grant your writ, it's considered unconstitutional.
I'm petitioning for a writ of mandamus!
Yes!!
The Marbury v. Madison case established Judicial Review, which is the Supreme Court's power to declare a law unconstitutional. William Marbury never became Justice of Peace because the Judicial Act of 1789 was declared unconstitutional by the Supreme Court.
James William McCulloch
McColloch vs Maryland 1819
Chief Justice Marshall
Maryland Representative
In 1816, the United States Congress passed an Act that allowed Federal Banks to be located and to operate within individual states in the U.S.
Federal Bank located in Baltimore, Maryland
NEW LAW! There is now a tax on all banks operating in Maryland not chartered by the state
Federal Bank
Why are there taxes? This is a federal bank, I'm not going to pay them.
I'm here to collect your taxes
Well Mr. McColloch I guess I'll see you in court.
Federal Bank
No, I refuse to pay them! It's absurd!
The federal bank is on Maryland land so we can tax it!
Mr.McColloch is right. The Necessary and Proper Clause of the U.S. Constitution states that the Federal Government can have a bank in whatever state without being taxed
The federal bank cannot be taxed by the STATE!
I knew I was right!
Maryland made a statute imposing a tax on banks and McColloch, a cashier, issued bank notes without cooperating with the law and Maryland sued him for failing to pay the taxes. Congress has the power to incorporate a bank due to the Necessary and Proper clause, but the state of Maryland does not have the power to tax an institution when following the Congress.
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