Section: AP Government

37) Rulings by the Supreme Court in Marbury v. Madison and McCullough v. Maryland established which of the following principles?  (Check all that apply).

1. The Federal Government may create a national bank.
2. The federal government is permitted to pass any laws necessary and proper to the attainment of constitutional ends.
3. Federal law is supreme over state law.
4. The federal government has the power to regulate commerce among the states.
5. States are under no regulation of the Supreme Court.

Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. William Marbury (P) was an intended recipient of an appointment as justice of the peace. Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson's Secretary of State, James Madison (D), to deliver the commissions.

McCulloch v. Maryland, 17 U.S. 316 (1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.  In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax.