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Good Afternoon! Good Afternoon! Please obtain a copy of “Quotations about the U.S. Supreme Court and the Constitution.” Please obtain a copy of “Quotations.

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Presentation on theme: "Good Afternoon! Good Afternoon! Please obtain a copy of “Quotations about the U.S. Supreme Court and the Constitution.” Please obtain a copy of “Quotations."— Presentation transcript:

1 Good Afternoon! Good Afternoon! Please obtain a copy of “Quotations about the U.S. Supreme Court and the Constitution.” Please obtain a copy of “Quotations about the U.S. Supreme Court and the Constitution.” Answer questions 1—4 for Individuals, a and b

2 The Early U.S. Supreme Court and the Marshall Court Era

3 What Do You Think ? #1 “The Constitution — its words and their meaning — was established by the people, can only be changed by the people, and is sacredly obligatory upon all of government, including judges.”

4 What Do You Think ? #2 “(The Constitution is) intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.”

5 What Do You Think ? #3 “We are under a Constitution, but the Constitution is what the judges say it is.”

6 What Do You Think ? What Do You Think ? #4 “Those who made and endorsed our Constitution knew man's nature, and it is to their ideas, rather than to the temptations of utopia, that we must ask that our judges adhere.”

7 Continuing Theme Through History Continuing Theme Through History Federalist v Anti-Federalist Federalist Party v Democratic Republicans Federalist Party v Democratic Republicans Adams, Marshall, Chase v Jefferson, Burr, Martin Strong National Government v States Rights Strong Judiciary v Limited Judiciary

8 Article III, U. S. Constitution What are the specific duties, powers and organization of the Supreme Court as stated in Article III of the U.S. Constitution? What are the specific duties, powers and organization of the Supreme Court as stated in Article III of the U.S. Constitution? There are NONE stated

9 Article III, U. S. Constitution "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

10 Judiciary Act of 1789 Created 13 Judicial Districts for 11 States Created 13 Judicial Districts for 11 States Eastern, Middle & Southern Circuits Eastern, Middle & Southern Circuits Created U. S. Attorney General Created U. S. Attorney General President Nominates Justices & Senate Approves President Nominates Justices & Senate Approves Established the Supreme Court’s Jurisdictions Established the Supreme Court’s Jurisdictions One Chief Justice & 5 Associate Justices One Chief Justice & 5 Associate Justices All Justices “Ride the Circuit” All Justices “Ride the Circuit” the Court could issue “writs of mandamus” the Court could issue “writs of mandamus”

11 The First U.S. Supreme Court The First U.S. Supreme Court Chief Justice: John Jay, from New York Chief Justice: John Jay, from New York Associate Justices: John Rutledge, from South Carolina William Cushing, from Massachusetts James Wilson, from Pennsylvania John Blair, from Virginia James Iredell, from North Carolina

12 Supreme Court Locations The Supreme Court was first called to assemble on Feb. 1, 1790, in the Merchants Exchange Building in New York City, the nation’s first capital The Supreme Court was first called to assemble on Feb. 1, 1790, in the Merchants Exchange Building in New York City, the nation’s first capital City Hall, Philadelphia 1790—1801: Court meets in the old City Hall, Philadelphia 1790—1801: Court meets in the old City Hall, Philadelphia 1801: Court meets in basement of the capitol in Washington, D.C. (except for 1812—1819 due to War of 1812). and from 1860 until 1935 it met in the old Senate Chamber 1801: Court meets in basement of the capitol in Washington, D.C. (except for 1812—1819 due to War of 1812). and from 1860 until 1935 it met in the old Senate Chamber

13 The early Court was not at all prestigious. Jay resigned in 1795 to run for Governor of New York.

14 Who was our second Chief Justice from July to December of 1795 who never actually sat on the Supreme Court?

15 Washington appointed John Rutledge as an Associate Justice in He resigned in 1791 to serve on the South Carolina Supreme Court; he never sat on the U.S. Supreme Court. In July 1795, he was appointed Chief Justice.

16 On July 16, 1795, Rutledge gave a highly controversial speech denouncing the Jay Treaty with England. He reportedly said in the speech "that he had rather the President should die than sign that puerile instrument" – and that he "preferred war to an adoption of it.” Independent Chronicle (Boston) , reprinted in The Documentary History of the Supreme Court of the United States, by Maeva Marcus and James Russell Perry The Documentary History of the Supreme Court of the United States

17 …Rutledge’s attack of Washington and the Jay Treaty and rumors of mental illness resulted in the Senate letting his appointment expire on 12/28/95 and he attempted suicide that day.

18 Oliver Ellsworth served as our third Chief justice from 1796 to As a Senator, he had co-authored the Judiciary Act of 1789

19 Election of 1796 Pres. John Adams Federalist Party Most electoral votes Vice Pres. Thomas Jefferson Vice Pres. Thomas Jefferson Democratic Republican Party Democratic Republican Party #2 electoral votes #2 electoral votes

20 The Election of 1800 Candidate Party Electoral Vote Thomas Jefferson (VA) Democratic- Republican 73 Aaron Burr (NY) Democratic- Republican 73 John Adams (MA)Federalist 65 C.C. Pinckney (SC) John Jay (NY) Federalist 64 1 Jefferson, a Democratic- Republican replaces Adams, a Federalist How can Federalists retain their national power?

21 Adams’ Efforts to Preserve Federalists’ Power Appoints Marshall Appoints Marshall Chief Justice Appoints 42 Appoints 42 “Midnight Judges” at 9 pm on final day in office

22 In 1801, Adams appointed his Secretary of State, John Marshall, as Chief Justice of the Supreme Court. Like Adams, Marshall was a Federalist who favored a strong central government.

23 The Federalist Senate stayed in session until midnight to confirm Adams’ 42 new judges, but only 25 were actually delivered that night. The next day, Thomas Jefferson became President. His Secretary of State, James Madison, refused to deliver the final 17 appointments.

24 Who should have the final decision? TheThe Congress? OR U.S. Supreme Court?

25 William Marbury, one of the midnight judges, asked the Court for a writ of mandamus to order Madison to deliver his appointment and those of the other 16 “midnight judges.” This became the case of Marbury v. Madison. William Marbury James Madison Marbury v. Madison (1803)

26 The Court’s Decision Marbury’s appointment was legal. Marbury’s appointment was legal. The Court’s power to grant a writ of mandamus under the Judiciary Act of 1789 was unconstitutional. The Court’s power to grant a writ of mandamus under the Judiciary Act of 1789 was unconstitutional. Marbury v. Madison was the first time the Supreme Court declared a law of Congress to be unconsitutional. Marbury v. Madison was the first time the Supreme Court declared a law of Congress to be unconsitutional.

27 Jefferson’s Reaction to Decision Jefferson’s Reaction to Decision President Thomas Jefferson said that judicial review made the Constitution… "a mere thing of wax in the hands of the judiciary, which they (Supreme Court) may twist and shape into any form they please."

28 Origins of Judicial Review England: Chief Justice Edward Coke's 1610 opinion England: Chief Justice Edward Coke's 1610 opinion Glorious Revolution of 1688 ends judicial review in England and Parliament declared itself supreme Glorious Revolution of 1688 ends judicial review in England and Parliament declared itself supreme Included in several state constitutions Included in several state constitutions Ware v. Hylton (1796) A state constitutional provision inconsistent with a federal treaty is void Ware v. Hylton (1796) A state constitutional provision inconsistent with a federal treaty is void “…no scholar to date has identified even one participant in the ratification fight who argued that the Constitution did not authorize judicial review of Federal statutes.” Prakash and Yoo (2003) in The Origins of Judicial Review “…no scholar to date has identified even one participant in the ratification fight who argued that the Constitution did not authorize judicial review of Federal statutes.” Prakash and Yoo (2003) in The Origins of Judicial Review

29 Who was the only Justice of the U.S. Supreme Court to be impeached?

30 Became a staunch Federalist. Appointed Associate Justice in 1796 Tried Jefferson supporters for violations of Alien & Sedition Acts “Ought the seditious…attack [by Chase] on the principles of our Constitution...to go unpunished?“ --Jefferson letter to Congressman Impeached by House Dem-Rep majority Senate (25—9) fails to convict Chase Serves until death in 1811 Associate Justice Samuel Chase

31 Key Players: Chase Impeachment Samuel Chase Thomas Jefferson John Marshall Aaron Burr Luther Martin

32 Dartmouth College v. Woodward (1819) In 1768, George III chartered Dartmouth College In 1768, George III chartered Dartmouth College In 1815, the NH legislature tried to alter the charter & reinstate the deposed president, converting it from private to public In 1815, the NH legislature tried to alter the charter & reinstate the deposed president, converting it from private to public Daniel Webster argued for the College Daniel Webster argued for the College The Court’s decision invalidated the state’s action and limited the power of the States to interfere with private charters and contracts The Court’s decision invalidated the state’s action and limited the power of the States to interfere with private charters and contracts

33 Mc Culloch v. Maryland (1819) Does Congress have the constitutional power to charter a national bank?Does Congress have the constitutional power to charter a national bank? Did Maryland have the constitutional power to tax a national bank chartered by Congress?Did Maryland have the constitutional power to tax a national bank chartered by Congress? -YES! -NO!

34 Mc Culloch v. Maryland (1819) “(The Constitution is) intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.” --John Marshall in Mc Culloch v. Maryland (1819) --John Marshall in Mc Culloch v. Maryland (1819)

35 Gibbons v. Ogden (1824) New York State gave Ogden a monopoly to operate steam-boats between New York and neighboring states. Gibbons had a federal license to operate between New York and New Jersey. Ogden went to a New York court seeking to shut down Gibbons.

36 Gibbons v. Ogden (1824) “the Congress shall have the power …to regulate Commerce with foreign nations, and among the several states, and with the Indian tribes.” Chief Justice John Marshall Chief Justice John Marshall --Commerce Clause, Article I, Section 8, U.S. Constitution

37 Gibbons v. Ogden: Decision Gibbons wins. “Commerce” includes navigation and although Gibbons carried passengers, not goods, it still involved “commerce.” The federal government could regulate any good unless it was entirely made, sold and used in a single state. States cannot share the power to regulate interstate commerce.

38 Worcester v. Georgia (1832) Worcester and other missionaries violated a GA law that required any person living in Indian territory to have a state license. If they had applied for a license it would have been denied, for they were helping the Indians to resist removal. They were convicted and sentenced to four years of hard labor. They appealed their conviction to the U.S. Supreme Court on the grounds that the law was unconstitutional. Worcester and other missionaries violated a GA law that required any person living in Indian territory to have a state license. If they had applied for a license it would have been denied, for they were helping the Indians to resist removal. They were convicted and sentenced to four years of hard labor. They appealed their conviction to the U.S. Supreme Court on the grounds that the law was unconstitutional.

39 Worcester v. Georgia (1832) The Decision: The Decision: The relationship between the U.S. and Indian nations is that of nations The relationship between the U.S. and Indian nations is that of nations U.S. inherited the sole right of dealing with Indians from the British U.S. inherited the sole right of dealing with Indians from the British Only the national government, and not states, have authority involving Indians and Indian territory Only the national government, and not states, have authority involving Indians and Indian territory

40 Treaty of Hopewell (1775) “ The Commissioners Plenipotentiary of the United States, in Congress assembled, give peace to all the Cherokees, and receive them into the favor and protection of the United States of America, on the following conditions: ARTICLE 9. For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.

41 Policy of Indian Removal The goal of U.S. policy from President Jefferson to President Jackson was Indian Removal Jefferson’s letter to Harrison Jackson’s refusal to enforce the Worcester v. Georgia decision Jackson’s refusal to enforce the Worcester v. Georgia decision

42 Marshall Court Era: Conclusion Although Washington (sided With Federalists) and Adams were the only Federalist Presidents, the Federalists’ belief in establishing a strong central government was extended until 1835 through Adams’ appointment of Chief Justice John Marshall. John Marshall

43 Marshall Court Era: Conclusion The Marshall Court decisions asserted the power of judicial review & clearly established the supremacy of the national government over the states Commerce (Gibbons v. Ogden) Commerce (Gibbons v. Ogden) Banking (Mc McCullough v. Maryland) Banking (Mc McCullough v. Maryland) Contracts (Dartmouth College case) Contracts (Dartmouth College case) Indian affairs (Worcester v. Georgia Indian affairs (Worcester v. Georgia John Marshall


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