1. The History of the Supreme Court HUSH Unit Three

2. Chief Justice John Marshall Appointed by President John Adams he served 34 years on the bench –Marshall's impact on American constitutional law is unparalleled. He participated in more than 1000 decisions and authored over 500 opinions. As the single most important figure on constitutional law, Marshall's imprint can still be seen in the great issues of contemporary America.

3. But…how did Marshall get the job?? Election of 1800 (Adams v Jefferson) –Adams lost a difficult election Wanted to appoint Federalists to the Supreme and lower Courts before he left office These were known as the “Midnight Judges” –Adams believed he was saving America from the Republicans (Jeffersonians)

4. Marbury v. Madison (1803) The Judiciary Act of 1801 gave the president the right to appoint members of the judicial branch. William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams in the “midnight appointments” at the very end of his administration. When the new administration did not deliver the commission, Marbury sued James Madison, Jefferson’s Secretary of State.

5. Importance of Case The Court and Chief Justice John Marshall ruled that a part of the Judiciary Act of 1801 was unconstitutional, thus the appointment was voided. (The BIG winner was the Court and Marshall) The Court’s decision in Marbury v Madison (1803)established “judicial review”. Thus the Court could declare acts of Congress, and acts of the president unconstitutional if they exceeded the powers granted by the Constitution.

6. The Marshall Court Marbury v Madison changed the way the Judicial Branch was seen by the other two branches Marshall became the first strong powerful Chief Justice The Judicial Branch became a full and equal partner in the federal government

7. McCulloch v. Maryland (1819) In 1791, the U.S. government created the controversial first national bank. The State of Maryland tried to close a branch of the Bank of the United States by making that branch pay $15,000 in taxes. James McCulloch, who worked at the Baltimore branch of the Bank of the United States, did not pay the tax. The State of Maryland took him to court. Issue #1 –Can there be a Bank of the US?? Issue #2 –Can Maryland tax the Bank of the US??

8. Importance of Case Issue #1 –The Court said YES Issue #2 –The Court said NO! Chief Justice Marshall not only endorsed the constitutionality of the bank, but went on to uphold a broad interpretation of the federal government's powers under the Constitution Marshall also noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. –Cited the Supremacy Clause in Article VI Clause 2

9. Read Chapter 6!