1. John Marshall, Chief Justice
Nominated to Supreme Court by John Adams in1801
Marshall agreed, and upheld
Hamilton’s doctrine of “implied powers”
By doing so, Marshall enlarged federal power to an extraordinary degree

2. Marshall’s Major Goals
A. Increase the powers of the national govt at the expense of the state legislatures
B. Diminish the powers of the states & encourage the Federalist principle of centralization of gov’t
C. Strengthen the Court at the expense of
Congress/Presidency
D. Property rights of individuals need to be protected from government interference
E. Advance the interests of the propertied
class/commerce class – (Protect free enterprise from state control – promote industrialization and economic growth)

3. Research the following Marshall Court Cases….
FOR EACH
What was the case?
What was the decision of the court?
What was the Court’s reasoning?
What was the long-range significance of the case?
Marbury v. Madison
1803
Fletcher v. Peck
1810
McCulloch v. Maryland
1819
Dartmouth College
v. Woodward
- 1819
Gibbons v. Ogden
1824

4. Marbury v. Madison (1803) Background Constitutional Issue
“Midnight Judge” Marbury asked Supreme Court to order Madison to deliver his commission as a federal judge (according to the Judiciary Act of 1789)
Constitutional Issue
The Judiciary Act of 1789 added the power of the writ of mandamus to the original powers in the Constitution

5. Marbury v. Madison Decision Importance
Judiciary Act of 1789 was unconstitutional because it added instances of original jurisdiction for the Supreme Court that were not in the Constitution
Importance
Supreme Court established the precedent of JUDICIAL REVIEW – the power of the court to declare a law unconstitutional

6. Fletcher v. Peck (1810) Background:
Georgia legislature was involved in a fraudulent land deal. A new legislature revoked the sale of the land. Mr. Peck bought land from original company and sold it to Mr. Fletcher. Mr. Fletcher wanted his contract with Mr. Peck to be declared null & void and his money returned because Mr. Peck did not have clear title to the land when it was sold.

7. (Fletcher v. Peck) Issue: Decision
Can a contract be invalidated by a new law passed by the legislature?
Decision
Original land grant was valid even though the legislature was corrupt. Cannot cancel the sale ex post facto
Importance:
States cannot pass a law impairing the terms of a contract
Supreme Court declared a state law unconstitutional

8. Dartmouth College v. Woodward (1819)
Background
In Colonial days, Dartmouth was chartered as a private college run by a board of trustees
In 1816, the State of New Hampshire passed a law converting it to a state-run college without the consent of the college board of trustees
Constitutional Issue
Did the N.H. law violate the Constitutional provisions protecting private property and the sanctity of contracts?

9. Dartmouth College v. Woodward
Decision
Actions of N.H. legislature were unconstitutional. The charter was considered to be a contract and could not be broken by the state
Importance
Supreme Court reversed the decision of the state court.
It guaranteed the protection of contracts from government actions, and defined a corporation as an “artificial being”.

10. McCulloch v. Maryland (1819)
Background
Maryland imposed a tax on the Bank of the US branch office in Maryland in an attempt to force the BUS out of business in Maryland
Constitutional Issue
Was the BUS properly created through the use of the elastic clause?
Can the state tax a federal agency like the BUS?

11. McCulloch v. Maryland Decision Importance
Upheld the Constitutionality of the BUS
Ruled the states cannot tax the federal government because “the power to tax is the power to destroy”
Importance
↑ power of the national gov’t through use of elastic clause
Limited power of states

12. Gibbons v. Ogden (1824) Background Constitutional Issue
2 men operating competing steamboats in the waters between NY & NJ
Ogden – exclusive license by NY
Gibbons – license from federal gov’t
Constitutional Issue
Could NY authorize exclusive rights to the waters between NY & NJ?

13. Gibbons v. Ogden Decision Importance
Operation of steamboats was interstate commerce; Congress, not states, regulates interstate commerce
Importance
Defined interstate commerce to include transportation (eventually railroads, airlines, trucking companies)
Expanded role of federal gov’t

14. Worcester v. Georgia (1832) Background Constitutional Issue
2 missionaries refused to obey the Georgia law requiring all whites living in Cherokee territory to obtain a license. Missionaries were sentenced to 4 years hard labor for violating the state law
Constitutional Issue
Can the state pass laws concerning the Indian Nations or are the Indian Nations sovereign?

15. Worcester v. Georgia Decision Importance
The state has no power to pass any laws affecting the Cherokees because it was federal jurisdiction
Importance
Established tribal autonomy within their boundaries
Pres. Jackson disagreed, refused to enforce; Cherokees won case but lost land (“Trail of Tears”)