The Supreme Court Establishing the power of Judicial
The Supreme Court Establishing the power of Judicial Review
Current Members of the Supreme Court-Official Photo-October 2010 1. Chief Justice-John Roberts 2. Assoc. Justice-John Paul Stevens 3. A. J. -Antonin Scalia 4. A. J. -Clarence Thomas 5. A. J. -Ruth Bader Ginsburg 6. A. J. -Anthony M. Kennedy 7. A. J. - Samuel Alito 8. A. J. –Elaina Kagan 9. A. J. -Sonia Sotomayor
John Marshall-Chief Justice of the Supreme Court (1801 -1835) Considered by many to be the greatest Supreme Court justice-By luck, was there during the formative years of the nation, helping to establish the power of the Constitution as the “supreme law” of the land
Key Decisions of the Marshall Court • Marbury v. Madison (1803)-Judicial review • Mc. Culloch v. Maryland (1819)- The state of Maryland wanted to destroy the national bank by taxing it out of existence. Marshall stated “The power to tax is the power to destroy” and that only Congress can make that legislation and states do NOT have the constitutional power to tax federal institutions
Multiple Choice practice • The importance of the Supreme Court’s ruling in Marbury v. Madison (1803) is that the Court • (1) decided on the legality of state taxation of federal property • (2) allowed for the influence of political parties in the passage of laws • (3) refused to expand federal power over interstate trade • (4) established the power of judicial review of federal laws
Multiple Choice Practice In Marbury v. Madison (1803), the Supreme Court established a precedent for (1) judicial review (2) the impeachment process for civil officers (3) lifetime offices for justices (4) treaty ratification procedures
Multiple Choice Practice The establishment of judicial review in Marbury v. Madison (1803) gave federal courts the authority to (1) decide whether a law is constitutional (2) create lower courts (3) approve foreign treaties (4) appoint judges to lifetime terms
Multiple Choice Practice Under Chief Justice John Marshall, the Supreme Court strengthened its authority by (1) applying judicial review to state and national laws (2) changing the operation of the electoral college (3) increasing the number of Justices on the Court (4) expanding the freedoms included in the first amendment
Marshall (cont’d) • Dartmouth College v. Woodward (1819)-Marshall’s majority decision upheld the sanctity of contracts in business transactions-this was important for helping to establish capitalism and private ownership in the new republic • Gibbons v. Ogden (1824)- established the constitutional control of Congress over Interstate Commerce. .
Impact of Marshall’s Decisions • Increased the power of the national government in relation to that of the states • By repeated application of judicial review, Marshall greatly expanded the power and influence of the Supreme Court and the federal government.
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