Defining the Powers of the National Government Supreme Court Defining the Powers of the National Government

Marshall Court Period of SCOTUS from 1801 – 1835 Chief Justice – John Marshall Federalist that advocated a strong central government Longest serving Chief Justice Helped establish the American judiciary as an independent and influential branch of government Marbury v. Madison; McCulloch v. Maryland; Gibbons v. Ogden

McCulloch v. Maryland Background U.S. established two banks – First and Second Bank of the United States Maryland imposed a tax on Baltimore Branch of Second Bank in an attempt to close it down Branches cashier – James William McCulloch – refused to pay it so Maryland sues in State court and wins U.S. appeals to the Supreme Court

McCulloch v. Maryland Issue before the Supreme Court: Did the national government have the implied power to charter a bank? Did the state tax interfere with constitutional power of the National government under the Supremacy clause?

McCulloch v. Maryland Decision: Establishing a national bank aided the national government in the exercise of tis designated powers -

McCulloch v. Maryland This case established two important principles in constitutional law. Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government. state action may not impede valid constitutional exercises of power by the Federal government. (Doctrine of National Supremacy)

Gibbons v. Ogden Commerce Clause “to regulate Commerce with foreign nations, and among the several states, and with the Indian Tribes.” Article I Section 8 ,Clause 3 Meaning of commerce clause determined in this case

Gibbons v. Ogden Background: Robert Fulton & Robert Livingston granted a monopoly by New York to operate steam boat ferries Aaron Ogden licensed to operate between New Jersey and New York Thomas Gibbons licensed by federal government to operate boats in interstate waters Ogden sues Gibbons – New York prohibits Gibbons from operating in New York Waters Gibbons appeal to the Supreme Court

Gibbons v. Ogden Issues before the Court: Definition of the term ‘commerce’. Does federal power to regulate interstate commerce extend to commerce within a state (intrastate) or was it limited to commerce among the states (interstate)? Was the power to regulate interstate commerce an concurrent power or an exclusive national power?

Gibbons v. Ogden Ruling: Commerce is all commercial interactions – all business dealings – including navigation and the transport of people Commerce power can be exercised in all state jurisdictions Power to regulate commerce is an exclusive national government power Gibbons had been given the right to navigate interstate waters by National government so State could not prohibit it.

Gibbons v. Ogden Consequences: Allowed the government to exercise increasing authority over economic affairs Congress didn’t exploit this power until 1930’s and beyond Commerce clause is the primary Constitutional basis for national government regulations.