The Judiciary Act of 1789 gave the president power to appoint judges.
was declared unconstitutional in the McCulloch v. Maryland case. allowed John Marshall to become the chief justice. gave the Supreme Court the power to hear special cases.
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Marshall reasoned that the Judiciary Act of 1789 conflicted with the Constitution. Congress did not have power to modify the Constitution through regular legislation because Supremacy Clause places the Constitution before the laws.
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D
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