Growth of the Supreme Court

Adams lasting Impact Adams presidency was filled with turmoil however he had a lasting impact in the courts John Marshall: appointed by Adams as Chief Justice of the Supreme Court Federalist (loose interpretation) Wanted to increase government power

Marbury v. Madison 1803 Conflict over an appointment by President Adams of William Marbury to a court position. Jefferson and Madison refused to accept his appointment and Marbury sued. The case allowed Marshall and the court to address what their power was. Decision: Marshall claims the court determines constitutional issues and therefore they do not deal with Marbury’s case Established Judicial Review : power to rule laws and actions unconstitutional Why was it important for Marshall to establish the courts power? What example have we discussed where the court failed?

McCulloch v. Maryland 1819 Maryland was attempting to tax the National bank Decision: Court ruled that the states could not tax the National Bank because it was “Necessary and proper” to government Made the National government supreme to the states Why would the necessary and proper clause protect the bank from being taxed?

Gibbons v. Ogden 1824 Two people were given exclusive rights to use a river that went between two states. NY gave permission to one, the national Congress to the other. Decision: Congress has the power to over rule state decisions on interstate commerce Establishes national power over the states (on economic issues) What impact could the national government overpowering the states have in the future?

Key of the Marshall Court ****Marshall and the Supreme Court dramatically increased the power of the national government, especially over the states.****

GAME TIME!!! The Marshall Court: Using Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden as guides, determine whether Chief Justice John Marshall would “Like” or “Dislike” the following items.

The “Elastic Clause” John Marshall The Constitution The Congress shall have Power…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. (Art I, Sec 8.18) 1787 · Comment · Like John Marshall likes this.

Strict Construction John Marshall Thomas Jefferson Resolved, That the several States composing, the United States of America… by a compact under the style and title of a Constitution for the United States… constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government… 1798 · Comment · Like John Marshall dislikes this.

Loose Construction John Marshall Alexander Hamilton Every power vested in a Government is in its nature sovereign… which are not precluded by restrictions and exceptions specified in the constitution, or not immoral, or not contrary to the essential ends of political society. 23 Feb 1791 · Comment · Like John Marshall likes this.

States’ Rights John Marshall James Madison The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. 1788 · Comment · Like John Marshall dislikes this.

The National Bank John Marshall Alexander Hamilton A National Bank is an Institution of primary importance to the prosperous administration of the Finances, and would be of the greatest utility in the operations connected with the support of the Public Credit.... 1790 · Comment · Like John Marshall likes this.

Reflection Predict: Will it be a good or bad thing that the national government is getting more powerful?