1. How is power distributed in Federalism?
Do Now?
How is power distributed in Federalism?

2. The United States Supreme Court Article 3 of the US Constitution
How did the
Supreme Court under
Chief Justice John Marshall’s
leadership change American
Government?
The U.S.S.C. interprets the Constitution and the Law

3. Landmark Supreme Court Decisions during the Marshall Years.
Three key court cases include:
Marbury v. Madison
McCullock v. Maryland
Gibbons v. Ogden

4. -A Federal Judge’s term of office is Retire/Expire
The United States Supreme Court under John Marshall (Marshall served as Chief Justice from 1801 to 1835)
-A Federal Judge’s term of office is Retire/Expire
-The Framers of the Constitution wanted to insulate Judges from politics in order to make sure that Judges would focus on the law and not popular appeal.
What is the term of office for a Federal Judge (Article 3), and why is it different than the tenure of office for the other two branches of government?

5. Marbury v. Madison (1803) John Adams’ Midnight Appointments
Adams, as a lame duck president, appointed several new judges on the eve of Jefferson’s inauguration
The most famous appointment was John Marshall to Chief Justice.
William Marbury was appointed to a lower federal court.
Marbury’s appointment was not delivered before the change of presidential administration.
The new Jefferson administration refused to honor the appointment.
Marbury appealed to the S.C. to secure his judgeship.

6. Marbury v. Madison (1803) John Adams’ Midnight Appointments
Marbury believed that CJ Marshall would grant him the judgeship because they were both federalists.
Jefferson refused to grant the judgeship regardless of what the SC said.
Fearing a constitutional crisis, Marshall sacrificed Marbury and carved out a new power for the Supreme Court.
Marshall & the SC declared the portion of the law that granted Marbury his judgeship UNCONSTITIONAL, Marbury was denied his judgeship, but the SC gained the power of JUDICIAL REVIEW

7. John Marshall, Marbury v. Madison
Judicial Review gives the S.C.
the Power
to declare an act of
Congress
or the President
Unconstitutional
It is emphatically the province and duty of the judicial department to say what the law is…Thus the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void…
John Marshall, Marbury v. Madison

8. McCulloch v Maryland
"The POWER to tax
is the POWER to destroy"
John Marshall
The state of Maryland attempted to tax a federal bank.
At issue in this case was the supremacy of the federal government v States Rights.
The Court nullified Maryland’s state law & established the supremacy of the federal government.

9. Gibbons v Ogden
At issue in this case was whether or not the State of New York had the legal authority to grant one steamship company a contract on an interstate waterway.
The Court clarified Federal authority over interstate commerce when it nullified New York State’s law.
Federal law is Supreme over State Law.

10. Exit Ticket
How did the Supreme Court under Chief Justice John Marshall’s leadership change American Government?

11. Conclusion
The Marshall Court had a great impact on American society. Under Marshall the Supreme Court strengthened the authority of the Federal Government as well as the power of the Supreme Court.