1. NATIONALISM & THE MARSHALL COURT

2. John Marshall’s Background
He served as Washington’s Aide in the Revolutionary War.
He served as Secretary of State under John Adams.
Appointed as Chief Justice of the Supreme Court by Adams after he lost the election.
He continued as Sec. of State and Chief Justice for 2 months.

3. Marshall’s Politics He was a Federalist
He had a “loose” interpretation of the Constitution.
He believed strongly in implied powers.
He developed “Judicial Review”
He believed strongly in the “national supremacy clause”.

4. Marshall’s Motives
Promote Nationalism in spite of Election of 1800 and the rise of Jefferson.
Strengthen the federal government at expense of the states.
Strengthen the court at the expense of President.
Advance the interests of the commerce class.
Protect free enterprise from state control.
Protect the sanctity of contracts.
Promote economic growth and industrialization.

5. Marbury v. Madison (1803)
Federalists (Adams) passed the JUDICIARY ACT of 1801 and appointed the “midnight judges” in their last hours in office.
Found ACT unconstitutional and established the precedent of JUDICIAL REVIEW.
Power of the Court established, instant respectability.

6. Fletcher v. Peck (1810)
ISSUE: The Georgia Leg. gave large amount of land to Yazoo Company (bribes) A year later, after election, wanted land back.
Ruling: Contract can not be repealed

7. Fletcher v. Peck (1810) PRECEDENT: Made Contracts “sacred”.
Power of the Court to overrule decisions made by the states.
Judicial Review of State Laws – “NATIONAL SUPREMACY CLAUSE”

8. Dartmouth Col v Woodward (1819)
ISSUE: States trying to control board overseeing a private college, established under royal charter.
SC: Charters are legal contracts.
Dartmouth remained private.

9. Dartmouth Col v Woodward (1819)
PRECEDENT: Loose interpretation of the constitution, “contract”
Judicial Review of State Decisions.
Marshall said states gave up some rights when ratified the Constitution, no longer sovereign.

10. McCulloch v. Maryland (1819)
ISSUE: Southern States seek to limit the power of the National Bank.
Maryland placed a high tax on the Bank.
SC: Bank is Constitutional, necessary and proper clause.

11. McCulloch v. Maryland (1819)
PRECEDENT: Loose interpretation of the Constitution, esp. necessary and proper clause.
States can not tax federal institution.
Supremacy Clause.

12. Gibbons v. Ogden (1824)
ISSUE: NY gave Ogden monopoly over Hudson River Ferry Service.
US gave Gibbons control of the same river.
State monopolies are worthless.

13. Gibbons v. Ogden (1824)
PRECEDENT: State power to grant monopolies is limited.
Federal supremacy over-interstate commerce.
Loose interpretation of the Constitution, federal government regulates inter-state commerce.

14. Johnson v. M’Intosh (1823)
ISSUE: J and M receive land titles to the same piece of Native American Land
Who actually owns the land?
SC: Natives didn’t “own” land therefore they never had the right to give it away

15. Johnson v. M’Intosh (1823) PRECEDENT:
Natives considered a “foreign nation”
Only the Federal Govt has the ability to make agreements with Native Americans

16. Worcester v. Georgia (1832) Background:
Jackson passes Indian Removal Act
Allows states to “encourage” N.A. to move west of the Mississippi
Question remains – do states have the right to get involved with Natives land?

17. Worcester v. Georgia (1832)
ISSUE: Worcester moved into part of GA designated for Cherokee Indians by the state. Sentenced to Prison
Did GA have the right to regulate N.A. lands?
SC: No they did not have this right.

18. Worcester v. Georgia (1832)
PRECEDENT: States did not have the right to interfere with N.A. lands
Jacksons Response: “John Marshall has made his decision; now let him enforce it!”

19. Attacks on the Court
Impeachment attacks to silence aggressive federalist judges.
Repealed the Judiciary Act.
Jefferson argued the Court overstepped its bounds and the court power should be changed.
Gibbons court case, very popular, TJ attacks end and the power of Judicial Review is insured.