John Marshall and the John Marshall and the United States Supreme United States Supreme

CourtCourt

Judicial ReviewJudicial Review

Court DecisionsCourt Decisions

Federal PowerFederal Power

John Marshall and Supreme CourtJohn Marshall and Supreme Court

John Marshall, Chief Justice (1801-1835)John Marshall, Chief Justice (1801-1835)Under Marshall, court favored a strong federal government and national Under Marshall, court favored a strong federal government and national economyeconomyMarshall gave the court weight and purpose as the third branch in the Marshall gave the court weight and purpose as the third branch in the separation of powersseparation of powersMarshall would apply several Federalist principles in guiding the Marshall would apply several Federalist principles in guiding the Supreme CourtSupreme Court

Under Marshall, the Supreme Court established Judicial Review (the power Under Marshall, the Supreme Court established Judicial Review (the power to review acts of Congress and the President for constitutionality)to review acts of Congress and the President for constitutionality)

Marshall Court interfered with the state government’s power to interfere Marshall Court interfered with the state government’s power to interfere with business contractswith business contractsUnder Marshall, the Court determined that Federal law was superior to Under Marshall, the Court determined that Federal law was superior to state lawstate lawMarshall broadly interpreted the constitution by giving greater power to Marshall broadly interpreted the constitution by giving greater power to the national governmentthe national government

Major DecisionsMajor DecisionsMarbury v. MadisonMarbury v. Madison

Only case Marshall presided over in which the Court deemed an act Only case Marshall presided over in which the Court deemed an act unconstitutionalunconstitutional

Judicial Review established when Marshall declared that the statute Judicial Review established when Marshall declared that the statute for which Marbury was arguing was unconstitutional to begin withfor which Marbury was arguing was unconstitutional to begin with

Judicial review means a government in which no person (not even Judicial review means a government in which no person (not even the President) and no institution (not even Congress or the Supreme the President) and no institution (not even Congress or the Supreme Court itself), nor even a majority of voters, may freely work their will Court itself), nor even a majority of voters, may freely work their will in violation of the written Constitution in violation of the written Constitution

““It is emphatically the province and duty of the Judicial Department to It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each.”each other, the Courts must decide on the operation of each.”

Chief Justice John MarshallChief Justice John Marshall"Certainly all those who have framed written constitutions contemplate "Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act consequently the theory of every such government must be, that an act of the legislature repugnant to the Constitution is void." of the legislature repugnant to the Constitution is void."

Chief Justice John MarshallChief Justice John Marshall

Major DecisionsMajor DecisionsFletcher v. Peck (1810)Fletcher v. Peck (1810)

States can not pass legislation invalidating a contractStates can not pass legislation invalidating a contract First time Supreme Court declared a state law to be unconstitutionalFirst time Supreme Court declared a state law to be unconstitutional

Dartmouth College v. Woodward (1819)Dartmouth College v. Woodward (1819) New Hampshire law changed Dartmouth from privately charted college to public New Hampshire law changed Dartmouth from privately charted college to public

institutioninstitution Supreme Court struck down the state law; it argued that a contract for a private Supreme Court struck down the state law; it argued that a contract for a private

institution could not be altered by the stateinstitution could not be altered by the stateMcCulloch v. MarylandMcCulloch v. Maryland

Did Congress have power to create a bank even though no clause in Constitution Did Congress have power to create a bank even though no clause in Constitution mentioned a bank? Could a state place a tax on a federally created bank?mentioned a bank? Could a state place a tax on a federally created bank?

State of Maryland tried to collect taxes from Second Bank of the United StatesState of Maryland tried to collect taxes from Second Bank of the United States Using loose interpretation, Marshall ruled that the gov’t has implied powers to create Using loose interpretation, Marshall ruled that the gov’t has implied powers to create

the bankthe bank And, no state can tax a federal institution because “power to tax is power to destroy” And, no state can tax a federal institution because “power to tax is power to destroy”

Gibbons v. Ogden (1824)Gibbons v. Ogden (1824) Marshall rejected a steamboat monopoly granted by state of New YorkMarshall rejected a steamboat monopoly granted by state of New York Marshall ruled that steamboat traffic in and out of New York was commerce and only Marshall ruled that steamboat traffic in and out of New York was commerce and only

federal government can regulate interstate commercefederal government can regulate interstate commerce

In Conclusion…In Conclusion…

Marshall gave the third Marshall gave the third branch of the federal branch of the federal government a prominent government a prominent role in the US role in the US GovernmentGovernmentGuaranteed that rule of Guaranteed that rule of law would be upheld in law would be upheld in the gov’t of the United the gov’t of the United StatesStatesMarshall helped to build a Marshall helped to build a stronger federal stronger federal governmentgovernment