Published on February 20, 2014
1.4 - Daily Sheet #2
Learning Objectives #1 - How did McCulloch v. Maryland expand the role of the Judicial Branch? (Interpreter of constitutional issues regarding state vs. federal power) #2 - How did U.S. v. Nixon expand the role of the Judicial Branch? (Interpreter of constitutional issues between branches of government)
Do Now Supremacy Clause: The text provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law. Executive Privilege: The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions of the executive branch.
Write Down Name and Date of the Case Facts of the Case Summary of the Decision Significance of the Decision McCulloch v. Maryland, 1819 After Congress created a Second Bank of the United States, several states, including Maryland (which opposed the creation of a national bank), charged a tax on the bank’s branches. James McCulloch, cashier of the Maryland branch, refused to pay the tax. The Court held that the power to create a national bank was supported by the Elastic Clause, but that states did not have power to tax national bank as that would put state law above federal law. Asserted a broad expansion of the powers of Congress and that federal law trumps state law.
McCulloch v. Maryland, 1819 Establishes Supremacy Clause Kid vs. Parent (try to tax your mom and dad)
Write Down Name and Date of the Case Facts of the Case Summary of the Decision Significance of the Decision United States v. Nixon 1974 Senate discovers that President Nixon secretly recorded conservations in the Oval Office. President Nixon claimed executive privilege after the Senate asked him to hand over the recordings. The Court decided against Nixon, saying that executive privilege must be considered in light of the circumstances. Reinforced the principle of rule of law—that even presidents are subject to the law.
Exit Ticket When do you feel that the President should employ executive privilege? Under what circumstances?
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