Marshall Court AIM: Did the Supreme Court under John Marshall Give Too Much Power to the Federal Government at the Expense of the State Governments?

Chief Justice John Marshall Marbury v. Madison Gibbons v. Ogden Dartmouth v. N.H. McCullough v. Maryland

I. Marbury v. Madison 1803 Issues: Adam’s “Midnight judges” Marbury sues for his commission Can Jefferson deny Marbury his appointment? Outcome: Marbury had the right to his commission accordignt to the Judiciary Act of 1789. But, this act was unconstitutional….

Impact on Federal Government Constitution is the Supreme law of the land Supreme Court is final interpreter of the Constitution The Supreme Court may declare federal and state laws “unconstitutional”. (checks and balances) Established Judicial Review

II. McCulloch v. Maryland 1819 Issues: Does the government have the right to create a national bank? Do states have the right to tax institutions of the federal government? Outcome: The national bank was in fact constitutional under the elastic clause and the federal governments right to regulate commerce. Implied Powers Doctrine “The power to tax is the power to destroy!!!!!”

Impact on Federal Government The national government has power over the states.

III. Dartmouth College v. Woodward 1819 Issues: New Hampshire placed a law placing the college under state control revising its original charter. Outcome:

Impact on Federal Government Court Ruled: states may not “pass any law impairing the obligation of contracts” Used its power of Judicial Review to declare state law unconstitutional

IV. Gibbons v. Ogden 1824 Issues: Outcome:

Impact on Federal Government

V. Impact of Marshall Court Expanded powers of the Federal Government!