1. Unit 4: GROWTH OF THE YOUNG NATION
Topic 3:
The Marshall Court
(Judicial Nationalism)

2. JUDICIAL NATIONALISM: The Marshall Court
Chief Justice Marshall was a Federalist and believed in a strong central government.
Marshall sets several legal precedents that strengthened the power of the Supreme Court as an equal branch of the government.

3. JUDICIAL NATIONALISM: The M&M Cases
Marbury v. Madison established the principle of Judicial Review – the ability of the Supreme Court to declare a law unconstitutional
McCulloch v. Maryland established the principle of Implied Powers– the ability of the Supreme Court to determine national powers that aren’t in the Constitution, and to say that states can’t overrule national laws
Gibbons v. Ogden said that the national government controls commerce between states

4. The Marshall Court Marbury vs Madison Judicial Review
The Midnight Judges
Can Congress tell the Court to enforce a duty of the executive branch?
The first time a law is declared unconstitutional.
Judicial Review
The power of the Courts to review laws of Congress and decide whether they are constitutional.

5. The Marshall Court McCullough v Maryland Implied Powers
Maryland wanted to tax a branch of the National Bank (that was located in Maryland)
Does the Constitution even allow a National Bank at all?
States can’t be more powerful than the national government
Implied Powers
The Courts can interpret the Constitution to say what the government can and can’t do

7. The Marshall Court Gibbons v Ogden
Who gets to control the ferry business between NY & NJ?
Each state wanted control.
Federal control of Interstate Commerce
The national government has the final say in regulating commerce between the states.

8. The Marshall Court
The Marshall Court set the foundation of the Supreme Court’s authority to solve disagreements between
branches of governments
levels of government
and competing business interests.