2. THE MARSHALL COURT Chief Justice John Marshall (1801- 35)
3 “PLAYS” FOR 3 SIGNIFICANT CASES….
15 actors…- extra credit point on quiz
Name 2 ways the Marshall court increases the power of the federal government?
How was judicial review established as a precedent?

3. John Marshall Supreme Court Chief Justice 1801-1835 Federalist
Revolutionary War Veteran
Believed we won revolution because of a strong, united Continental Army
Believed in a strong federal government
Image courtesy of

4. PLAY ONE: MARBURY VS. MADISON
CHIEF JUSTICE JOHN MARSHALL (OUR HERO)
EXITING PRESIDENT JOHN ADAMS
NEW PRESIDENT THOMAS JEFFERSON
NEW SECRETARY OF STATE JAMES MADISON
WILLIAM MARBURY- SUING

5. FINISHED? Why is TJ so upset about his cousin?
"To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and for privilege. But their power [is] the more dangerous, as they are in office for life, and not responsible to elective control."
Jefferson cautioned that judicial review would make the Constitution nothing but "a mere thing of wax in the hands of the Judiciary, which they may twist and shape into any form they please.”

6. MARBURY V. MADISON Yes SUPREME COURT CAN DECLARE LAWS UNCONSTITUTIONAL
Can the Supreme Court declare a federal law unconstitutional and void it?
Yes
DEFINE Judicial Review:
SUPREME COURT CAN DECLARE LAWS UNCONSTITUTIONAL
How is this an example of the “unwritten constitution”?
IT’S NOT IN THERE; MARBURY V. MADISON SETS A PRECEDENT
CHECKS AND BALANCES?
HUGE POWER FOR JUDICIAL BRANCH
FLEXIBILITY?
SUPREME COURT COULD INTERPRET CONSTITUTION DIFFERENTLY OVER TIME…
WHY DO YOU THINK JEFFERSON IS SO UPSET?

7. PLAY 2- MCCULLOCH VS. MARYLAND
MARYLAND STATE CONGRESSMAN- HATES THE NEWLY CREATED BANK OF THE UNITED STATES
JAMES MCCULLOCH- PRESIDENT OF THE BALTIMORE BRANCH OF THE B.U.S.
MARYLAND TAX COLLECTOR
MARYLAND JUDGE
CHIEF JUSTICE JOHN MARSHALL (OUR HERO)

9. McCulloch v. Maryland (1819)
Maryland tried to get rid of the National Bank by taxing it
Can a state tax federal property? NO
Impact on federalism?
More power to federal government
ISSUE 2: The 2nd Bank of U.S. is constitutional
(elastic clause)
LOOSE or STRICT interpretation?
LOOSE
LIMITED POWER?
INCREASES POWER OF FEDERAL GOVERNMENT
“The power to tax is the power to destroy”
-Marshall, 1919

10. PLAY THREE: GIBBONS VS. OGDEN
AARON OGDEN- HAS A NEW YORK STATE MONOPOLY ON A FERRY TO NEW JERSEY
GIBBONS- HAS A FEDERAL LICENSE FOR A FERRY BETWEEN NEW YORK AND NEW JERSEY
NEW YORK STATE JUDGE- GIBBONS CAN’T OPERATE FERRY BECAUSE OGDEN HAS A MONOPOLY
DANIEL WEBSTER- GIBBONS’S ATTORNEY IN FEDERAL COURT- SAYS NEW YORK WAS WRONG
CHIEF JUSTICE JOHN MARSHALL (OUR HERO)

12. Gibbons v. Ogden (1824) Can NY regulate vessels traveling to NJ?
New York may NOT regulate interstate trade
Federalism?
Interpretation of commerce clause gives much more power to federal gov’t
Expand Judicial review?
Sup. Ct. may nullify state laws
The case revolved around whether New York could grant a monopoly to a ferry that traveled to and from New Jersey

13. What are 2 ways federal government strengthened by the “Marshall Court”

14. 3-The significance of the Supreme Court case Marbury v
3-The significance of the Supreme Court case Marbury v. Madison is that the decision
advanced civil rights for minorities
upheld the constitutionality of a national bank
limited Presidential control of foreign policy
established the power of judicial review

15. 4- What was the result of many of the Supreme Court decisions made under Chief Justice John Marshall between 1801 and 1835?
The system of slavery was weakened.
The federal government was strengthened.
The rights of workers were supported.
Antitrust laws were upheld.

16. 5- Which headline illustrates the use of judicial review?
“Congress Passes a Civil Rights Bill”
“Conference Committee Meets to Finalize Budget”
“New York State’s Reapportionment Plan Ruled Unconstitutional”
“President Signs SALT Agreement with Russia”

17. 2 ways federal government strengthened by the “Marshall Court”
Commerce clause- only national government can regulate interstate
Elastic clause
Judicial review- over states
States can’t tax federal government

18. What do you think the most revolutionary new technology is in the last 20 years?
Identify 3 ways it has changed people’s life

19. The Cotton Gin

20. 20 pts document assignment
10 pts- Answer the questions on the documents
Identify 5 specific effects
10 pts- DBQ essay question
Write a good intro
Provide historical context
Introduce your thesis- what argument are you making?
Clearly identify the 5 effects. For each
Provide a SPECIFIC detail to support your point (statistic, fact, partial quote)
Provide a piece of “outside information” that you could use

21. 1000s
Of tons