John Marshall and the Marshall Court By Meghan Gabel and Kathleen Reilly.
John Marshall, Chief Justice Nominated to Supreme Court by John Adams in1801 Marshall agreed, and...
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Transcript of John Marshall, Chief Justice Nominated to Supreme Court by John Adams in1801 Marshall agreed, and...
John Marshall, Chief Justice
Nominated to Supreme Court by John Adams in1801
Marshall agreed, and upheldHamilton’s doctrine of “implied powers”
By doing so, Marshall enlarged federal power to an extraordinary degree
Marshall’s Major GoalsA. Increase the powers of the national govt at the expense of the state legislatures
B. Diminish the powers of the states & encourage the Federalist principle of centralization of gov’t
C. Strengthen the Court at the expense ofCongress/Presidency
D. Property rights of individuals need to be protected from government interference
E. Advance the interests of the propertiedclass/commerce class – (Protect free enterprise from state control – promote industrialization and economic growth)
Research the following Marshall Court Cases….
• Marbury v. Madison– 1803
• Fletcher v. Peck – 1810
• McCulloch v. Maryland– 1819
• Dartmouth College v. Woodward - 1819• Gibbons v. Ogden
– 1824
• FOR EACH– What was the
case?– What was the
decision of the court?
– What was the Court’s reasoning?
– What was the long-range significance of the case?
Marbury v. Madison(1803)
• Background– “Midnight Judge” Marbury
asked Supreme Court to order Madison to deliver his commission as a federal judge (according to the Judiciary Act of 1789)
• Constitutional Issue– The Judiciary Act of 1789
added the power of the writ of mandamus to the original powers in the Constitution
Marbury v. Madison
• Decision– Judiciary Act of 1789 was unconstitutional
because it added instances of original jurisdiction for the Supreme Court that were not in the Constitution
• Importance– Supreme Court established the precedent of
JUDICIAL REVIEW – the power of the court to declare a law unconstitutional
Fletcher v. Peck(1810)
• Background:
Georgia legislature was involved in a fraudulent land deal. A new legislature revoked the sale of the land. Mr. Peck bought land from original company and sold it to Mr. Fletcher. Mr. Fletcher wanted his contract with Mr. Peck to be declared null & void and his money returned because Mr. Peck did not have clear title to the land when it was sold.
(Fletcher v. Peck)
• Issue:– Can a contract be
invalidated by a new law passed by the legislature?
• Decision– Original land grant
was valid even though the legislature was corrupt. Cannot cancel the sale ex post facto
Importance:States cannot pass a law impairing the terms of a contractSupreme Court declared a state law unconstitutional
Dartmouth College v. Woodward(1819)
• Background– In Colonial days, Dartmouth
was chartered as a private college run by a board of trustees
– In 1816, the State of New Hampshire passed a law converting it to a state-run college without the consent of the college board of trustees
• Constitutional Issue– Did the N.H. law violate the
Constitutional provisions protecting private property and the sanctity of contracts?
Dartmouth College v. Woodward
• Decision– Actions of N.H. legislature were unconstitutional. The
charter was considered to be a contract and could not be broken by the state
• Importance– Supreme Court reversed the decision of the state
court.– It guaranteed the protection of contracts from
government actions, and defined a corporation as an “artificial being”.
McCulloch v. Maryland(1819)
• Background– Maryland imposed a tax on
the Bank of the US branch office in Maryland in an attempt to force the BUS out of business in Maryland
• Constitutional Issue– Was the BUS properly
created through the use of the elastic clause?
– Can the state tax a federal agency like the BUS?
McCulloch v. Maryland
• Decision– Upheld the Constitutionality of the BUS– Ruled the states cannot tax the federal
government because “the power to tax is the power to destroy”
• Importance– ↑ power of the national gov’t through
use of elastic clause– Limited power of states
Gibbons v. Ogden(1824)
• Background– 2 men operating competing steamboats in the waters between NY & NJ– Ogden – exclusive license by NY– Gibbons – license from federal gov’t
• Constitutional Issue– Could NY authorize exclusive rights to the waters between NY & NJ?
Gibbons v. Ogden
• Decision– Operation of steamboats was interstate
commerce; Congress, not states, regulates interstate commerce
• Importance– Defined interstate commerce to include
transportation (eventually railroads, airlines, trucking companies)
– Expanded role of federal gov’t
Worcester v. Georgia(1832)
• Background– 2 missionaries refused to
obey the Georgia law requiring all whites living in Cherokee territory to obtain a license. Missionaries were sentenced to 4 years hard labor for violating the state law
• Constitutional Issue– Can the state pass laws
concerning the Indian Nations or are the Indian Nations sovereign?
Worcester v. Georgia
• Decision– The state has no power to pass any laws
affecting the Cherokees because it was federal jurisdiction
• Importance– Established tribal autonomy within their
boundaries– Pres. Jackson disagreed, refused to enforce;
Cherokees won case but lost land (“Trail of Tears”)