1. Period 4: to 1848
Marshall Court, Market Revolution, Reform Movements, and Continued Expansion

2. Define federalism and provide an example from your own experience
A system of government in which power is divided between a national government and regional governments

3. “The question of the relation of the states to the federal government is the cardinal question of our Constitutional system. It cannot be settled by the opinion of one generation, because it is a question of growth, and each successive stage of our political and economic development gives it a new aspect, makes it a new question” Woodrow Wilson

4. Key Concept 4.1
The nation’s transformation to a more participatory democracy was accompanied by continued debates over federal power, the relationship between the federal government and the states, the authority of different branches of the federal government, and the rights and responsibilities of individual citizens

5. Supreme Court Background
John Jay=1st Chief Justice
Chisholm v. Georgia (1793)
Georgia did not pay merchant from SC for supplies sold
Were states under the jurisdiction of the SC?
11th Amendment—declared states immunity from being brought to federal court w/out consent
Significance?

6. The Marshall Court Born in Virginia Oldest of 15 children
Fought in Revolution
Served as GW’s chief legal officer
Law practice—defended clients against pre-war British creditors
only formal education = six week lecture series at College of William and Mary
Delegate to Constitutional Convention

7. Marshall Bio cont… Declined first appointment to SC
Delegate to France in the XYZ affair
Appointed in 1801 by J. Adams
Heard more than 1000 cases and wrote 519 decisions
Served as Chief Justice until his death in 1835

8. Marbury v. Madison—Context
“Midnight appointments”
TJ defeats J. Adams
Substantially expanded federal judiciary w/ Judiciary Act of 1801
Filled positions with Federalists
The Federalists “had retired into the judiciary as a stronghold” –TJ
Repealed Judiciary Act of 1801

9. Marbury v. Madison—The Case (1803)
FACTS
QUESTIONS
Marbury=midnight justice
Madison=new Secretary of State
TJ told Madison not to deliver the commission
Marbury sued for the SC to order Madison to deliver commission (writ of mandamus)
What power does the supreme court actually have?
Is it a lose-lose situation?

11. Checks and Balances?

12. Marbury v. Madison--Decision
Ruled that SC did not have the authority to issue order
Declared part of Judiciary Act of 1789 unconstitutional
Asserted power by limiting power
Considered brilliant
Established judicial review

13. Jefferson’s Revenge
“I shall be sober tomorrow. I am now damned drunk.” — Federal District Court of New Hampshire Judge John Pickering at the start of a hearing in November Pickering was later impeached and convicted on charges of drunkenness, profanity on the bench and unlawful rulings.

14. Fletcher v. Peck (1810) FACTS Questions/Decision
Georgia state legislature sold land for bribes under contract
New GA legislature voided the law
Peck bought land under first law
Fletcher argued Peck had no legal right to the land
Can a state declare a previous law (and all contracts under it) void?
Can the SC strike down a state law?
Decision—5-0 Peck
Constitution does not allow ex post facto laws
Supreme Court exercises judicial review over state laws
Governments can’t renege on grants and contracts

15. Your turn… From Wilkinson reading… Johnson v. McIntosh
Cherokee Nation v. Georgia
Worcester v. Georgia
Oyez Project
McCullough v. Maryland
Dartmouth College v. Woodward
Cohens v. Virginia
Gibbons v. Ogden

16. McCulloch v. Maryland (1819)
Facts
Questions and Decision
Second Bank of US
Baltimore branch
Maryland voted to tax it
McCulloch (clerk) refused to pay
Can Congress charter a bank?
Can states tax it?
Decision
7-0 McCulloch
“necessary and proper” clause and implied powers
“supremacy” clause –power to tax involves the power to destroy”

17. “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional”
--Chief Justice John Marshall
Significance?

18. Dartmouth College v. Woodward (1819)
Facts
Questions/Decision
New Hampshire tried to alter a provision in Dartmouth’s charter essentially making it a public institution rather than private
NH had Republican legislature
Dartmouth had a Federalists majority board of trustees which was self- perpetuating
Can a state interfere with the rights of a charter already granted?
Decision
5-1 Dartmouth
Contract = private corporations became beyond the reach of the state that issued the charter

19. Cohens v. Virginia (1821) Facts Questions/Decision
Lottery was illegal in Virginia, Cohen brothers sold lottery tickets there anyway because it was legal in the District of Columbia
They were tried and convicted in Virginia
State of Virginia declared themselves to be the final word
Can the SC review a decision of a state court?
Decision
Unanimous—SC can review decisions of state courts in order to maintain uniformity of law
Also stated Virginia had the right to forbid sale of lottery tickets

20. Johnson v. McIntosh (1823) Facts Questions/Decision
Chiefs of Illinois and Piankeshaw tribes deeded parcels of land to private parties (Johnson)
Later land was deeded to US in the form of a treaty and sold to McIntosh
Property rights of tribes?
Decision
Tribes held ownership interest but could not sell to anyone other than federal government
Established norms for frontier property rights

21. Gibbons v. Ogden (1824) Facts Questions/Decision
State of NY gave exclusive rights to operate steamboats in state waters (Ogden)
Gibbons had a federal coastal license and operating b/w NY and NJ and was charged heavy fees
Interpretation of the Commerce Clause?
Decision
Unanimous in favor of Gibbons
‘commerce’ clause meant federal government could regulate goods as well as services across state borders
‘supremacy’ clause
Influential in establishing interstate norms involving railroads and expansion West

22. Cherokee Nation v. Georgia (1831)
Facts
Questions/Decision
Georgia declares Cherokee Nation null and void
Cherokee bring case to SC for original jurisdiction because they were a ‘foreign nation’
What status to tribes hold in the Constitution?
Decision
Case was declined b/c Cherokee were not considered a foreign nation, therefore, SC did not have original jurisdiction
Established status as ‘domestic dependent nation’

23. Worcester v. Georgia (1832) Facts Questions/Decision
Worcester & Butler (missionaries) entered Cherokee territory
Georgia law required permission from governor before entering Cherokee territory
Worcester & Butler sentenced to 4 years of hard labor
What is the relationship between state and tribal laws?
Decision
In favor of Worcester
Tribal sovereignty was established over state laws

24. Barron v. Baltimore (1833) Facts Questions/Decision
Barron owned a wharf in Baltimore
City development caused wharf to be filled with sand
Barron sued the city
Does the 5th amendment apply to states in regards to compensation for property?
“nor shall private property be taken for public use, without just compensation”
Decision
No—Bill of Rights only applies to federal government
Therefore SC had no jurisdiction

25. HTS and the Marshall Court
How can we apply the Marshall rulings to the follow historical themes?
American Identity
Politics and Power
Work, Exchange and Technology
Determine the degree to which each of the following would agree or disagree with Marshall’s rulings and why?
Alexander Hamilton
Thomas Jefferson
Andrew Jackson

26. Current Relevance (aka synthesis)…
Predict how John Marshall might rule on one of the following issues and use a Marshall case to support your argument:
1) Legalization of marijuana
2) Obamacare
3) Same-sex marriage

27. Current Event Relevance?