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Marshall Court, Market Revolution, Reform Movements, and Continued Expansion.

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Presentation on theme: "Marshall Court, Market Revolution, Reform Movements, and Continued Expansion."— Presentation transcript:

1 Marshall Court, Market Revolution, Reform Movements, and Continued Expansion

2  A system of government in which power is divided between a national government and regional governments


4  The nation’s transformation to a more participatory democracy was accompanied by continued debates over federal power, the relationship between the federal government and the states, the authority of different branches of the federal government, and the rights and responsibilities of individual citizens

5  John Jay=1 st Chief Justice  Chisholm v. Georgia (1793)  Georgia did not pay merchant from SC for supplies sold  Were states under the jurisdiction of the SC?  11 th Amendment— declared states immunity from being brought to federal court w/out consent  Significance?

6  Born in Virginia  Oldest of 15 children  Fought in Revolution  Served as GW’s chief legal officer  Law practice—defended clients against pre-war British creditors  only formal education = six week lecture series at College of William and Mary  Delegate to Constitutional Convention

7  Declined first appointment to SC  Delegate to France in the XYZ affair  Appointed in 1801 by J. Adams  Heard more than 1000 cases and wrote 519 decisions  Served as Chief Justice until his death in 1835

8  “Midnight appointments”  TJ defeats J. Adams  Substantially expanded federal judiciary w/ Judiciary Act of 1801  Filled positions with Federalists  The Federalists “had retired into the judiciary as a stronghold” –TJ  Repealed Judiciary Act of 1801

9 FACTSQUESTIONS 1. Marbury=midnight justice 2. Madison=new Secretary of State 3. TJ told Madison not to deliver the commission 4. Marbury sued for the SC to order Madison to deliver commission (writ of mandamus)  What power does the supreme court actually have?  Is it a lose-lose situation?



12  Ruled that SC did not have the authority to issue order  Declared part of Judiciary Act of 1789 unconstitutional  Asserted power by limiting power  Considered brilliant  Established judicial review

13  “I shall be sober tomorrow. I am now damned drunk.” — Federal District Court of New Hampshire Judge John Pickering at the start of a hearing in November Pickering was later impeached and convicted on charges of drunkenness, profanity on the bench and unlawful rulings.

14 FACTSQUESTIONS/DECISION  Georgia state legislature sold land for bribes under contract  New GA legislature voided the law  Peck bought land under first law  Fletcher argued Peck had no legal right to the land  Can a state declare a previous law (and all contracts under it) void?  Can the SC strike down a state law?  Decision—5-0 Peck  Constitution does not allow ex post facto laws  Supreme Court exercises judicial review over state laws  Governments can’t renege on grants and contracts

15 From Wilkinson reading…  Johnson v. McIntosh  Cherokee Nation v. Georgia  Worcester v. Georgia  Oyez Project Oyez Project  McCullough v. Maryland  Dartmouth College v. Woodward  Cohens v. Virginia  Gibbons v. Ogden

16 FACTS QUESTIONS AND DECISION  Second Bank of US  Baltimore branch  Maryland voted to tax it  McCulloch (clerk) refused to pay  Can Congress charter a bank?  Can states tax it?  Decision  7-0 McCulloch  “necessary and proper” clause and implied powers  “supremacy” clause – power to tax involves the power to destroy”

17  “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional”  --Chief Justice John Marshall Significance?

18 FACTSQUESTIONS/DECISION  New Hampshire tried to alter a provision in Dartmouth’s charter essentially making it a public institution rather than private  NH had Republican legislature  Dartmouth had a Federalists majority board of trustees which was self- perpetuating  Can a state interfere with the rights of a charter already granted?  Decision  5-1 Dartmouth  Contract = private corporations became beyond the reach of the state that issued the charter

19 FACTSQUESTIONS/DECISION  Lottery was illegal in Virginia, Cohen brothers sold lottery tickets there anyway because it was legal in the District of Columbia  They were tried and convicted in Virginia  State of Virginia declared themselves to be the final word  Can the SC review a decision of a state court?  Decision  Unanimous—SC can review decisions of state courts in order to maintain uniformity of law  Also stated Virginia had the right to forbid sale of lottery tickets

20 FACTSQUESTIONS/DECISION  Chiefs of Illinois and Piankeshaw tribes deeded parcels of land to private parties (Johnson)  Later land was deeded to US in the form of a treaty and sold to McIntosh  Property rights of tribes?  Decision  Tribes held ownership interest but could not sell to anyone other than federal government  Established norms for frontier property rights

21 FACTSQUESTIONS/DECISION  State of NY gave exclusive rights to operate steamboats in state waters (Ogden)  Gibbons had a federal coastal license and operating b/w NY and NJ and was charged heavy fees  Interpretation of the Commerce Clause?  Decision  Unanimous in favor of Gibbons  ‘commerce’ clause meant federal government could regulate goods as well as services across state borders  ‘supremacy’ clause  Influential in establishing interstate norms involving railroads and expansion West

22 FACTSQUESTIONS/DECISION  Georgia declares Cherokee Nation null and void  Cherokee bring case to SC for original jurisdiction because they were a ‘foreign nation’  What status to tribes hold in the Constitution?  Decision  Case was declined b/c Cherokee were not considered a foreign nation, therefore, SC did not have original jurisdiction  Established status as ‘domestic dependent nation’

23 FACTSQUESTIONS/DECISION  Worcester & Butler (missionaries) entered Cherokee territory  Georgia law required permission from governor before entering Cherokee territory  Worcester & Butler sentenced to 4 years of hard labor  What is the relationship between state and tribal laws?  Decision  In favor of Worcester  Tribal sovereignty was established over state laws

24 FACTSQUESTIONS/DECISION  Barron owned a wharf in Baltimore  City development caused wharf to be filled with sand  Barron sued the city  Does the 5 th amendment apply to states in regards to compensation for property?  “nor shall private property be taken for public use, without just compensation”  Decision  No—Bill of Rights only applies to federal government  Therefore SC had no jurisdiction

25  How can we apply the Marshall rulings to the follow historical themes?  American Identity  Politics and Power  Work, Exchange and Technology  Determine the degree to which each of the following would agree or disagree with Marshall’s rulings and why?  Alexander Hamilton  Thomas Jefferson  Andrew Jackson

26  Predict how John Marshall might rule on one of the following issues and use a Marshall case to support your argument:  1) Legalization of marijuana  2) Obamacare  3) Same-sex marriage


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