NATIONALISM & THE MARSHALL COURT

Mr. Sandford

AP United States History

John Marshall’s Background

He served as Washington’s Aide in the Revolutionary War.

He served as Secretary of State under John Adams.

Appointed as Chief Justice of the Supreme Court by Adams after he lost the election.

He continued as Sec. of State and Chief Justice for 2 months.

Marshall’s Politics

He was a Federalist He had a “loose” interpretation of

the Constitution. He believed strongly in implied

powers. He developed “Judicial Review” He believed strongly in the

“national supremacy clause”.

Marshall’s Motives

Promote Nationalism in spite of Election of 1800 and the rise of Jefferson.

Strengthen the federal government at expense of the states.

Strengthen the court at the expense of President.

Advance the interests of the commerce class.

Protect free enterprise from state control.

Protect the sanctity of contracts.

Promote economic growth and industrialization.

Marbury v. Madison (1803)

Federalists (Adams) passed the JUDICIARY ACT of 1801 and appointed the “midnight judges” in their last hours in office.

Found ACT unconstitutional and established the precedent of JUDICIAL REVIEW.

Power of the Court established, instant respectability.

Fletcher v. Peck (1810)

ISSUE: The Georgia Leg. gave large amount of land to Yazoo Company (bribes) A year later, after election, wanted land back.

Land grant contracts can not be repealed, SC.

PRECEDENT: Made Contracts “sacred”.

Power of the Court to overrule decisions made by the states.

Judicial Review of State Laws – “NATIONAL SUPREMACY CLAUSE”

Dartmouth Col v Woodward (1819)

ISSUE: States trying to control board overseeing a private college, established under royal charter.

SC: Charters are legal contracts.

Dartmouth remained private.

PRECEDENT: Loose interpretation of the constitution, “contract”

Judicial Review of State Decisions.

Marshall said states gave up some rights when ratified the Constitution, no longer sovereign.

McCulloch v. Maryland (1819)

ISSUE: Southern States seek to limit the power of the National Bank.

Maryland placed a high tax on the Bank.

SC: Bank is Constitutional, necessary and proper clause.

PRECEDENT: Loose interpretation of the Constitution, esp. necessary and proper clause.

States can not tax federal institution.

Supremacy Clause.

Gibbons v. Ogden (1824)

ISSUE: NY gave Ogden monopoly over Hudson River Ferry Service.

US gave Gibbons control of the same river.

State monopolies are worthless.

PRECEDENT: State power to grant monopolies is limited.

Federal supremacy over-interstate commerce.

Loose interpretation of the Constitution, federal government regulates inter-state commerce.

Attacks on the Court

Impeachment attacks to silence aggressive federalist judges.

Repealed the Judiciary Act. Jefferson argued the Court

overstepped its bounds and the court power should be changed.

Gibbons court case, very popular, TJ attacks end and the power of Judicial Review is insured.