1. Bell Work Tuesday, February 6, 2018
What ultimately allowed the Constitution to be ratified?
Describe the MAIN difference between Federalists and Anti-federalists.
What did the Northwest Ordinance of 1787 achieve?
What was the main reason the Articles of Confederation were replaced?

2. Revenge of the Federalists
The Marshall Court
Revenge of the Federalists

3. USHC 1.7 US HISTORY Tuesday, February 6, 2018
Summarize the expansion of the power of the national government as a result of Supreme Court decisions under Chief Justice John Marshall, such as the establishment of judicial review in Marbury v. Madison and the impact of political party affiliation on the Court.

4. Focus Question
How did Chief Justice John Marshall’s political affiliation and decisions in the Supreme Court impact the federal government?

5. What is a political affiliation?
How did Chief Justice John Marshall’s political affiliation and decisions in the Supreme Court impact the federal government?
Who is John Marshall?
What is a Chief Justice?
What is a political affiliation?
What was Marshall’s political affiliation?
What does that affiliation believe?
How did his affiliation impact the federal government?
What did he do that was so important?
What were some of his decisions as Chief Justice in the supreme court?

6. I can… Preview text Selectively read with a focus in mind
“I Can” Statements
I can…
Preview text
Selectively read with a focus in mind
Take notes on and talk about the expansion of the power of the national government because of Supreme Court decisions
Take notes on and talk about John Marshall, his political affiliation and how it impacted the court
Take notes on and talk about judicial review
This Photo by Unknown Author is licensed under CC BY

7. Model: Browsing a Text Set
How did Chief Justice John Marshall’s political affiliation and decisions in the Supreme Court impact the federal government?
Who is John Marshall?
What is a political affiliation?
What was Marshall’s political affiliation?
What does that affiliation believe?
How did his affiliation impact the federal government?
What did he do that was so important?
What were some of his decisions as Chief Justin in the supreme court?
Browse text set
Preview 1
Preview 2
Close Read
Begin taking notes

8. Student Work: Marshall Court Text Set
How did Chief Justice John Marshall’s political affiliation and decisions in the Supreme Court impact the federal government?
Who is John Marshall?
What is a political affiliation?
What was Marshall’s political affiliation?
What does that affiliation believe?
How did his affiliation impact the federal government?
What did he do that was so important?
What were some of his decisions as Chief Justin in the supreme court?
Browse text set
Preview 1
Preview 2
Close Read
Begin taking notes

10. "I shall. by the establishment of republican principles
"I shall... by the establishment of republican principles... sink federalism into an abyss from which there shall be no resurrection.”
– Thomas Jefferson

11. The Doomsday Clock
After their devastating defeat in the Election of 1800, “doomsday” was quickly approaching for John Adams and the Federalist Party.

12. LAME DUCK John Adams surrounded by Jeffersonian Storm Troopers
Photo by Gaetan Lee

13. “Lame Duck” Session 1801 ELECTION SUCCESSOR’S TERM
In a “lame duck” session, the outgoing Congress meets and passes laws before the newly-elected members of Congress can take their seats.
Photo by Stuart Chalmers

14. From Article III, Section 1
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.

15. The Judiciary Act of 1801 The “Midnight Judges” Act
Sixteen new federal circuit judges
Sixteen federal judges with life tenure would be able to undermine Jefferson and the Republicans from the bench.

16. John Marshall Federalist Secretary of State (Adams Administration)
Chief Justice
of the Supreme Court
“Midnight” Appointment
John Marshall
Chief Justice

17. Marbury v. Madison Video Clip

18. vs. Marbury v. Madison (1803) William Marbury James Madison
(Midnight Judge)
William Marbury
(Midnight Judge)
James Madison
(Secretary of State)
James Madison
(Secretary of State)

19. vs. Writ of MANDAMUS Marbury v. Madison (1803)
as per Judiciary Act of 1789
vs.
William Marbury
(Midnight Judge)
James Madison
(Secretary of State)

20. From The Federalist No. 78
The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution...

21. ??? Marshall’s Dilemma Marbury v. Madison (1803) John Marshall
Chief Justice

22. Judiciary Act of 1789 is UNCONSTITUTINAL
Marbury v. Madison
(1803)
Marshall’s Decision
Judiciary Act of 1789 is UNCONSTITUTINAL
John Marshall
Chief Justice

23. JUDICIAL REVIEW

24. JUDICIAL REVIEW Marshall: John Marshall
The Supreme Court can declare laws to be unconstitutional.
(in this case, a federal law passed by Congress)
John Marshall
Chief Justice

25. Comparing Jefferson & Marshall
(Federalist)
Jefferson
(Republican)
Federalism
Strict / Loose Construction?
National Bank?
Favored Economic Pursuit?
Marbury v. Madison:
Who interprets the Constitution?
Kentucky Resolution:
Strong Central Government
States’ Rights
Loose
STRICT
Constitutional
Unconstitutional
Commerce
Agriculture
SUPREME COURT
STATES

26. I LOVE BANK.

27. McCulloch v. Maryland BUS vs. Maryland 1819 John Marshall
Maryland had placed a tax on the Bank of the United States. The B.U.S. sued Maryland in protest.
John Marshall
Chief Justice

28. The Marshall Court ruled in the Bank’s favor.
McCulloch v. Maryland
1819
THE DECISION:
The Marshall Court ruled in the Bank’s favor.
John Marshall
Chief Justice
FEDERALISM
ELASTIC CLAUSE
SUPREMACY CLAUSE
IMPLIED POWERS

29. McCulloch v. Maryland
1819
“The power to tax involves the power to destroy.”
John Marshall
McCulloch v. Maryland
John Marshall
Chief Justice

30. Gibbons v. Ogden 1824 John Marshall FEDERALISM COMMERCE CLAUSE
Chief Justice
COMMERCE CLAUSE

31. From Article I, Section 8
[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States...

32. Gibbons (& Vanderbilt)

33. 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.
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

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. Exit Slip Tuesday, February 6, 2018
We are unanimously of opinion, that the law passed by the legislature of Maryland, imposing a tax on the Bank of the United States, is unconstitutional. –McCulloch v. Maryland, 1819
Which was one important outcome of this court decision?
The principle of no taxation without representation
The establishment of a federal government
The strengthening of judicial review
The creation of a national bank

40. Bell Work Wednesday, February 7, 2018
We are unanimously of opinion, that the law passed by the legislature of Maryland, imposing a tax on the Bank of the United States, is unconstitutional. –McCulloch v. Maryland, 1819
Which was one important outcome of this court decision?
The principle of no taxation without representation
The establishment of a federal government
The strengthening of judicial review
The creation of a national bank
Explain why you think that is the best answer!!!!