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

The Marshall Court Marbury vs Madison Judicial Review 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 Implied Powers 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.

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.