Unit 4: GROWTH OF THE YOUNG NATION Topic 3: The Marshall Court (Judicial Nationalism)

JUDICIAL NATIONALISM: The Marshall Court Chief Justice Marshall was a Federalist and believed in a strong central government. Marshall sets several legal precedents that strengthened the power of the Supreme Court as an equal branch of the government.

JUDICIAL NATIONALISM: The M&M Cases Marbury v. Madison established the principle of Judicial Review – the ability of the Supreme Court to declare a law unconstitutional McCulloch v. Maryland established the principle of Implied Powers– the ability of the Supreme Court to determine national powers that aren’t in the Constitution, and to say that states can’t overrule national laws Gibbons v. Ogden said that the national government controls commerce between states

TOPIC 3: The Marshall Court You have been elected the new Mayor of Ashburn. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet. Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “officially” in the system yet? Why?

The Marshall Court You have been elected the new Mayor of Ashburn. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet. What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs?

The Marshall Court You have been elected the new Mayor of Ashburn. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet. Would it make a difference if the prospective employees had worked against you in the mayoral elections?

The Marshall Court Marbury vs Madison – The Midnight Judges – Can Congress tell the Court to enforce a duty of the executive branch? – The first time a law is declared unconstitutional. Judicial Review – The power of the Courts to review laws of Congress and decide whether they are constitutional.

The Marshall Court McCullough v Maryland – Maryland wanted to tax a branch of the National Bank (that was located in Maryland) – Does the Constitution even allow a National Bank at all? States can’t be more powerful than the national government Implied Powers – The Courts can interpret the Constitution to say what the government can and can’t do

The Marshall Court Gibbons v Ogden – Who gets to control the ferry business between NY & NJ? – Each state wanted control. Federal control of Interstate Commerce – The national government has the final say in regulating commerce between the states.

JUDICIAL NATIONALISM: The M&M Cases Marbury v. Madison established the principle of Judicial Review – the ability of the Supreme Court to declare a law unconstitutional McCulloch v. Maryland established the principle of Implied Powers– the ability of the Supreme Court to determine national powers that aren’t in the Constitution, and to say that states can’t overrule national laws Gibbons v. Ogden said that the national government controls commerce between states

The Marshall Court The Marshall Court set the foundation of the Supreme Court’s authority to solve disagreements between – branches of governments – levels of government – and competing business interests.