The Marshall Court John Marshall John Marshall September

The Marshall Court

John Marshall • John Marshall (September 24, 1755 – July 6, 1835) was the Chief Justice of the United States Supreme Court (1801– 35) whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches. Three major court cases in which he wrote the majority opinion set the precedent for this: Marbury v. Madison, Mc. Culloch v. Maryland Gibbons v. Ogden.

Judicial Review—power of the Supreme Court to declare laws/acts unconstitutional • Read and discuss how these 3 cases helped establish Judicial Review and expand the court’s power. • You will be writing a 3. 5 essay tomorrow over these cases

Summary • Marbury v. Madison—established judicial review. The court argue they have the right to do so, but don't use it in this case. • Mc. Culloch v. Maryland—first time court uses the power of judicial review. Dealing with national bank, interpretation of the supremacy clause and necessary and proper clause and what unremunerated rights Congress has. • Gibbons v. Ogden—second case using judicial review, sets precedent (multiple decisions viewed the same way sets a precedent for future cases), by interpreting the interstate commerce act, national

Review • 1. Which Court case establishes the fundamental idea of judicial review for the Supreme Court? • 2. Which Court case signifies the first time the Supreme Court uses the power of Judicial Review to interpret the Constitution? • 3. Which court cases reaffirms the Judicial Review powers of the Supreme Court and establishes national jurisdiction of interstate commerce?

Essay • In a 3. 5 essay analyze the impact each case had in developing the historical persona of the Marshall Court in making the Supreme Court an equal/coequal branch of the United States government. Explain the precedent each case set forth and the end result of the 3 cases you studied.

Paragraph structure Analysis of the impact Evidence and explanations Grammar Marshall Court Essay Rubric 1 2 3 1 complete 2 -3 completed 4 completed paragraphs included No attempt to Attempts to Develops some analyze cases analyze aspects of significance of analyzing the cases Has no relevant Attempts to Develops some evidence or include relevant explanation evidence and explanation Does not use punctuation 4 All completed paragraphs included Thoroughly analyzes impact of all 3 cases Thoroughly supports thesis with relevant and specific evidence and explanations of the 3 cases Uses correct punctuation in 1 - punctuation in 3 - punctuation in 2 paragraphs 4 paragraphs all paragraphs 4+ … 100% 4 … 96% 4 - … 92% 3+ … 89% 3 … 85% 3 - … 83% 2+ … 80% 2 … 77% 2 - … 74% 1+ … 71% 1 … 68% 1 - … 65% 0 … 0%

Paragraphs • First Paragraph introduction (Historical background of U. S. and the Marshall court) with a good THESIS (This should be your argument: How did the Marshall Court establish the idea of judicial review? ) • 2 nd paragraph should discuss Marbury case—established the idea of judicial review • 3 rd paragraph Mc. Culloch case—first time the court actively used judicial review • 4 th paragraph the Gibbons case – 2 nd time the court used Judicial Review (set a precedent for the Supreme Courts power) • Your conclusion should be the argument of how the Marshall court established judicial review.