The Emergence of the Supreme Court The Marshall Court

Main Ideas The organization of the Judiciary Branch of government- The Supreme Court Establishment of judicial review The Marshall Court Early landmark Supreme Court decisions

The Judiciary Act of 1789 Provided for a Supreme Court of six members: one chief justice and five associate justices Created 13 district courts with one judge apiece Created 3 circuit courts to consist of one of the district judges and two Supreme Court justices Supreme Court given the power to make the final decision in cases involving the constitutionality of state laws

The Supreme Court Chief Justices of the Federalist Era John Jay John Rutledge 1795 Oliver Ellsworth

The Federalist Era Ends With the defeat of President Adams in 1800, and the coming dominance of the Democratic- Republicans in the Congress, the Federalists wanted to ensure that they would continue to play a role in the American government: * Judiciary Act of 1801 (reorganized circuit and district courts) * appointment of John Marshall as Chief Justice

The Midnight Judges During his last month in office, Adams nominated over 200 men to new judicial posts created by the Judiciary Act of These appointments included 42 justices of the peace for Washington, D.C. Adams worked late into the night of March 3, 1801 to sign their commissions.

Jefferson Objects Jefferson wanted to block Adam’s appointments and ordered his Secretary of State (James Madison) not to deliver the commissions One of Adams’ appointments, William Marbury, sued for his commission The case went to the Supreme Court in 1803 when Chief Justice Marshall ruled that Marbury had a right to his commission according to the Judiciary Act of 1789 However, it was further ruled that the Judiciary Act was unconstitutional and therefore Marbury could not be given his commission The principle of judicial review was established

The Marshall Court John Marshall: Chief Justice Important decisions : * Marbury v. Madison * McCulloch v. Maryland * Gibbons v. Ogden * Dartmouth College v. Woodward

Significance of Landmark Supreme Court Cases The sense of nationhood was spurred on by a series of Supreme Court rulings: Marbury v. Madison: this case established the principle of judicial review McCulloch v. Maryland: in this case Marshall stated that “the power to tax is the power to destroy” (implied powers and national supremacy) Gibbons v. Ogden: this case reinforced that Congress alone could control interstate commerce Dartmouth College v. Woodward: the Court ruled that a charter was a contract that must be honored

Timeline The Judiciary Act of Judiciary Act of Marbury v. Madison McCulloch v. Maryland Dartmouth College v. Woodward Gibbons v. Ogden

Key Names, Events, and Terms William Marbury John Marshall Marbury v. Madison Judiciary Act of 1789 Judiciary Act of 1801 (Midnight Judges) McCulloch v. Maryland Gibbons v. Ogden Dartmouth College v. Woodward

Question John Marshall’s Supreme Court decision in the case of Marbury v. Madison established (a)a means for installing Federalist judges in office (b)rules for impeachment trials (c)the principle of judicial review (d)the federal government’s authority over the states (e)a procedure for reviewing treaties

Answer C: the principle of judicial review