THE MARSHALL COURT Chief Justice John Marshall 1801

THE MARSHALL COURT • Chief Justice John Marshall (1801 - 35) – 3 “PLAYS” FOR 3 SIGNIFICANT CASES…. – 15 actors…- extra credit point on quiz – Name 2 ways the Marshall court increases the power of the federal government? – How was judicial review established as a precedent?

John Marshall • Supreme Court Chief Justice 1801 -1835 • Federalist • Revolutionary War Veteran – Believed we won revolution because of a strong, united Continental Army • Believed in a strong federal government

PLAY ONE: MARBURY VS. MADISON • • • CHIEF JUSTICE JOHN MARSHALL (OUR HERO) EXITING PRESIDENT JOHN ADAMS NEW PRESIDENT THOMAS JEFFERSON NEW SECRETARY OF STATE JAMES MADISON WILLIAM MARBURY- SUING

FINISHED? Why is TJ so upset about his cousin? • "To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and for privilege. But their power [is] the more dangerous, as they are in office for life, and not responsible to elective control. " • Jefferson cautioned that judicial review would make the Constitution nothing but "a mere thing of wax in the hands of the Judiciary, which they may twist and shape into any form they please. ”

MARBURY V. MADISON – Can the Supreme Court declare a federal law unconstitutional and void it? • Yes – DEFINE Judicial Review: • SUPREME COURT CAN DECLARE LAWS UNCONSTITUTIONAL – How is this an example of the “unwritten constitution”? • IT’S NOT IN THERE; MARBURY V. MADISON SETS A PRECEDENT – CHECKS AND BALANCES? • HUGE POWER FOR JUDICIAL BRANCH – FLEXIBILITY? • SUPREME COURT COULD INTERPRET CONSTITUTION DIFFERENTLY OVER TIME… • WHY DO YOU THINK JEFFERSON IS SO UPSET?

PLAY 2 - MCCULLOCH VS. MARYLAND • MARYLAND STATE CONGRESSMAN- HATES THE NEWLY CREATED BANK OF THE UNITED STATES • JAMES MCCULLOCH- PRESIDENT OF THE BALTIMORE BRANCH OF THE B. U. S. • MARYLAND TAX COLLECTOR • MARYLAND JUDGE • CHIEF JUSTICE JOHN MARSHALL (OUR HERO)

Mc. Culloch v. Maryland (1819) • • Maryland tried to get rid of the National Bank by taxing it Can a state tax federal property? NO Impact on federalism? “The power to tax is the power to destroy” More power to federal government -Marshall, 1919 • • • ISSUE 2: The 2 nd Bank of U. S. is constitutional (elastic clause) LOOSE or STRICT interpretation? LOOSE LIMITED POWER? INCREASES POWER OF FEDERAL GOVERNMENT

PLAY THREE: GIBBONS VS. OGDEN • AARON OGDEN- HAS A NEW YORK STATE MONOPOLY ON A FERRY TO NEW JERSEY • GIBBONS- HAS A FEDERAL LICENSE FOR A FERRY BETWEEN NEW YORK AND NEW JERSEY • NEW YORK STATE JUDGE- GIBBONS CAN’T OPERATE FERRY BECAUSE OGDEN HAS A MONOPOLY • DANIEL WEBSTER- GIBBONS’S ATTORNEY IN FEDERAL COURT- SAYS NEW YORK WAS WRONG • CHIEF JUSTICE JOHN MARSHALL (OUR HERO)

Gibbons v. Ogden (1824) Can NY regulate vessels traveling to NJ? New York may NOT regulate interstate trade Federalism? Interpretation of commerce clause gives much more power to federal gov’t • Expand Judicial review? • Sup. Ct. may nullify state laws • • The case revolved around whether New York could grant a monopoly to a ferry that traveled to and from New Jersey

What are 2 ways federal government strengthened by the “Marshall Court” 1. 2.

3 -The significance of the Supreme Court case Marbury v. Madison is that the decision 1. advanced civil rights for minorities 2. upheld the constitutionality of a national bank 3. limited Presidential control of foreign policy 4. established the power of judicial review

4 - What was the result of many of the Supreme Court decisions made under Chief Justice John Marshall between 1801 and 1835? 1. The system of slavery was weakened. 2. The federal government was strengthened. 3. The rights of workers were supported. 4. Antitrust laws were upheld.

5 - Which headline illustrates the use of judicial review? 1. “Congress Passes a Civil Rights Bill” 2. “Conference Committee Meets to Finalize Budget” 3. “New York State’s Reapportionment Plan Ruled Unconstitutional” 4. “President Signs SALT Agreement with Russia”

2 ways federal government strengthened by the “Marshall Court” • Commerce clause- only national government can regulate interstate • Elastic clause • Judicial review- over states • States can’t tax federal government

What do you think the most revolutionary new technology is in the last 20 years? • Identify 3 ways it has changed people’s life

The Cotton Gin

20 pts document assignment • 10 pts- Answer the questions on the documents – Identify 5 specific effects • 10 pts- DBQ essay question – Write a good intro • Provide historical context • Introduce your thesis- what argument are you making? – Clearly identify the 5 effects. For each • Provide a SPECIFIC detail to support your point (statistic, fact, partial quote) • Provide a piece of “outside information” that you could use

1000 s Of tons