Presentation on theme: "Period 4: to 1848 Marshall Court, Market Revolution, Reform Movements, and Continued Expansion."— Presentation transcript:
1Period 4: to 1848Marshall Court, Market Revolution, Reform Movements, and Continued Expansion
2Define federalism and provide an example from your own experience A system of government in which power is divided between a national government and regional governments
3“The question of the relation of the states to the federal government is the cardinal question of our Constitutional system. It cannot be settled by the opinion of one generation, because it is a question of growth, and each successive stage of our political and economic development gives it a new aspect, makes it a new question” Woodrow Wilson
4Key Concept 4.1The 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
5Supreme Court Background John Jay=1st Chief JusticeChisholm v. Georgia (1793)Georgia did not pay merchant from SC for supplies soldWere states under the jurisdiction of the SC?11th Amendment—declared states immunity from being brought to federal court w/out consentSignificance?
6The Marshall Court Born in Virginia Oldest of 15 children Fought in RevolutionServed as GW’s chief legal officerLaw practice—defended clients against pre-war British creditorsonly formal education = six week lecture series at College of William and MaryDelegate to Constitutional Convention
7Marshall Bio cont… Declined first appointment to SC Delegate to France in the XYZ affairAppointed in 1801 by J. AdamsHeard more than 1000 cases and wrote 519 decisionsServed as Chief Justice until his death in 1835
8Marbury v. Madison—Context “Midnight appointments”TJ defeats J. AdamsSubstantially expanded federal judiciary w/ Judiciary Act of 1801Filled positions with FederalistsThe Federalists “had retired into the judiciary as a stronghold” –TJRepealed Judiciary Act of 1801
9Marbury v. Madison—The Case (1803) FACTSQUESTIONSMarbury=midnight justiceMadison=new Secretary of StateTJ told Madison not to deliver the commissionMarbury 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?
12Marbury v. Madison--Decision Ruled that SC did not have the authority to issue orderDeclared part of Judiciary Act of 1789 unconstitutionalAsserted power by limiting powerConsidered brilliantEstablished judicial review
13Jefferson’s Revenge“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.
14Fletcher v. Peck (1810) FACTS Questions/Decision Georgia state legislature sold land for bribes under contractNew GA legislature voided the lawPeck bought land under first lawFletcher argued Peck had no legal right to the landCan a state declare a previous law (and all contracts under it) void?Can the SC strike down a state law?Decision—5-0 PeckConstitution does not allow ex post facto lawsSupreme Court exercises judicial review over state lawsGovernments can’t renege on grants and contracts
15Your turn… From Wilkinson reading… Johnson v. McIntosh Cherokee Nation v. GeorgiaWorcester v. GeorgiaOyez ProjectMcCullough v. MarylandDartmouth College v. WoodwardCohens v. VirginiaGibbons v. Ogden
16McCulloch v. Maryland (1819) FactsQuestions and DecisionSecond Bank of USBaltimore branchMaryland voted to tax itMcCulloch (clerk) refused to payCan Congress charter a bank?Can states tax it?Decision7-0 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 MarshallSignificance?
18Dartmouth College v. Woodward (1819) FactsQuestions/DecisionNew Hampshire tried to alter a provision in Dartmouth’s charter essentially making it a public institution rather than privateNH had Republican legislatureDartmouth had a Federalists majority board of trustees which was self- perpetuatingCan a state interfere with the rights of a charter already granted?Decision5-1 DartmouthContract = private corporations became beyond the reach of the state that issued the charter
19Cohens v. Virginia (1821) Facts Questions/Decision Lottery was illegal in Virginia, Cohen brothers sold lottery tickets there anyway because it was legal in the District of ColumbiaThey were tried and convicted in VirginiaState of Virginia declared themselves to be the final wordCan the SC review a decision of a state court?DecisionUnanimous—SC can review decisions of state courts in order to maintain uniformity of lawAlso stated Virginia had the right to forbid sale of lottery tickets
20Johnson v. McIntosh (1823) Facts Questions/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 McIntoshProperty rights of tribes?DecisionTribes held ownership interest but could not sell to anyone other than federal governmentEstablished norms for frontier property rights
21Gibbons v. Ogden (1824) Facts Questions/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 feesInterpretation of the Commerce Clause?DecisionUnanimous in favor of Gibbons‘commerce’ clause meant federal government could regulate goods as well as services across state borders‘supremacy’ clauseInfluential in establishing interstate norms involving railroads and expansion West
22Cherokee Nation v. Georgia (1831) FactsQuestions/DecisionGeorgia declares Cherokee Nation null and voidCherokee bring case to SC for original jurisdiction because they were a ‘foreign nation’What status to tribes hold in the Constitution?DecisionCase was declined b/c Cherokee were not considered a foreign nation, therefore, SC did not have original jurisdictionEstablished status as ‘domestic dependent nation’
23Worcester v. Georgia (1832) Facts Questions/Decision Worcester & Butler (missionaries) entered Cherokee territoryGeorgia law required permission from governor before entering Cherokee territoryWorcester & Butler sentenced to 4 years of hard laborWhat is the relationship between state and tribal laws?DecisionIn favor of WorcesterTribal sovereignty was established over state laws
24Barron v. Baltimore (1833) Facts Questions/Decision Barron owned a wharf in BaltimoreCity development caused wharf to be filled with sandBarron sued the cityDoes the 5th amendment apply to states in regards to compensation for property?“nor shall private property be taken for public use, without just compensation”DecisionNo—Bill of Rights only applies to federal governmentTherefore SC had no jurisdiction
25HTS and the Marshall Court How can we apply the Marshall rulings to the follow historical themes?American IdentityPolitics and PowerWork, Exchange and TechnologyDetermine the degree to which each of the following would agree or disagree with Marshall’s rulings and why?Alexander HamiltonThomas JeffersonAndrew Jackson
26Current Relevance (aka synthesis)… Predict how John Marshall might rule on one of the following issues and use a Marshall case to support your argument:1) Legalization of marijuana2) Obamacare3) Same-sex marriage