“I shall…by the establishment of republican principles…sink federalism into an abyss from which there shall be no resurrection.” -Jefferson With their victory in the Election of 1800, the Democratic-Republicans controlled the executive and legislative branches of government, thus giving them an incredible amount of control over policymaking.

After their loss in 1800, a political “doomsday” was quickly approaching for John Adams and the Federalist Party. Adams and Congress were “lame ducks” – since they were outgoing, they used the time between the election (November) and Jefferson’s inaugural (March) to meet and pass laws. Those laws benefitted the interests of the Federalist Party.

Article III, Section 1 of the Constitution “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” The Judiciary Act of 1801 A.K.A. – The “Midnight Judges” Act One of the lame duck laws passed by the Federalist dominated Congress. It would appoint sixteen new federal judges to be appointed by Adams, all with lifetime appointments. These circuit judges would be able to undermine Jefferson and the Democratic- Republicans from the judicial branch.

JOHN MARSHALL WILLIAM MARBURY JAMES MADISON Federalist Secretary of State for Adams Midnight Appointment himself The new Chief Justice of the Supreme Court Federalist Midnight Judge whose appointment was not delivered in time by the Adams administration Secretary of State for Jefferson Represented gov’t – appointment of Marbury should not stand

At Issue – Judiciary Act of 1789 was unconstitutional; Congress could not give Supreme Court its power, only the Constitution could Bigger Picture – Supreme Court has power of judicial review – could overrule a law if found to be unconstitutional; Constitution is “the Supreme Law of the Land” From The Federalist, No. 78 Alexander Hamilton “The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution…”

JUDICIAL REVIEW In the words of John Marshall “It is emphatically the province and duty of the judicial department to saw what the law it.” “The Supreme Court can declare laws to be unconstitutional.” Marbury v. Madison (1803)

Strong Central GovernmentFEDERALISMStates’ Rights Loose ConstructionistINTERPRETATION OF CONST.Strict Constructionist ConstitutionalNATIONAL BANKUnconstitutional Commerce DominatedECONOMIC PURSUITAgriculture Dominated Marbury v. Madison The Supreme Court WHO INTERPRETS CONSTITUTION Kentucky Resolutions The States JOHN MARSHALL Federalist THOMAS JEFFERSON Democratic-Repub.

McCulloch v. Maryland (1819) Maryland had placed a tax on the Bank of the United States. In protest, the Bank of the United States sued Maryland. SUPREMACY CLAUSE Article 6, Section 2 of the Constitution makes the national government’s laws “supreme” ELASTIC CLAUSE Article 1, Section 8 of the Constitution grants Congress power to carry out enumerated powers IMPLIED POWERS Power not given to the national gov’t, but are necessary & proper to carry out expressed powers Marshall Court decides in favor of the Bank…

“The power to tax involves the power to destroy.” John Marshall McCulloch v. Maryland

Gibbons v. Ogden (1824) State of New York held that they power to grant licenses for ferries on the Hudson River; dispute questioned that COMMERCE CLAUSE Article 1, Section 8 of the Constitution gives Congress the power to regulate all interstate commerce Marshall Court decides in favor of the national government “The Congress shall have Power To regulate Commerce with foreign Nations, and among the several States…” Article 1, Section 8

McCulloch v. Maryland Gibbons v. Ogden In the case of federalism, Marshall’s court sided with the power of the national government over that of the state governments,

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. NOTE: This exercise is based on the Facebook news feed. At no point does the author assert that the format is original. NOT INTENDED FOR COMMERCIAL USE

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 likes this.

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 dislikes this.

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 likes this.

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 · Comment · Like dislikes this.

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 · Comment · Like likes this.