1. The Marshall Court

2. 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, McCulloch v. Maryland and Gibbons v. Ogden.

3. 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

4. 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.
McCulloch 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 government controls waterways not states.

5. 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?

6. 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.

7. Marshall Court Essay Rubric1 2 3 4
Paragraph structure
1 complete paragraph included
2-3 completed paragraphs included
4 completed paragraphs included
All completed paragraphs included
Analysis of the impact
No attempt to analyze cases
Attempts to analyze significance of cases
Develops some aspects of analyzing the cases
Thoroughly analyzes impact of all 3 cases
Evidence and explanations
Has no relevant evidence or explanation
Attempts to include relevant evidence and explanation
Develops some relevant evidence and explanation
Thoroughly supports thesis with relevant and specific evidence and explanations of the 3 cases
Grammar
Does not use punctuation
Uses correct punctuation in 1-2 paragraphs
Uses correct punctuation in 3-4 paragraphs
Uses correct punctuation in 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%

8. 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?)
2nd paragraph should discuss Marbury case—established the idea of judicial review
3rd paragraph McCulloch case—first time the court actively used judicial review
4th paragraph the Gibbons case –2nd 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.