| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • You already know Dokkio is an AI-powered assistant to organize & manage your digital files & messages. Very soon, Dokkio will support Outlook as well as One Drive. Check it out today!

View
 

CSI Marshall

Page history last edited by Vernon Lucas 8 years, 2 months ago

 

THE SUPREME COURT AND THE INCREASE IN NATIONAL POWER 

Federalist, John Marshall served from 1801 through 1835 as Chief Justice of the United States Supreme Court. Marshall increased the power of the Supreme Court, established the judiciary as a powerful branch of the federal government, and strengthened the national government’s supremacy over the states.

 

Marbury Wordle.jpg

 

 

 

 

MARBURY V  MADISON (1803) 

BACKGROUND: William Marbury was chosen as justice of the peace for Washington, D.C. but never received his appointment. Marbury petitioned the Supreme Court to compel Madison to give him his appointment.

DECISION: The Court found that Madison was wrong for not giving Marbury the Justice of the Peace job but that the law Marbury used to petition the Supreme Court was in violation of the Constitution.

IMPACT: This case established the power of judicial review. Judicial review is the power of the Supreme Court to decide the constitutionality of all laws passed by Congress. By defining its constitutional mission, the Supreme Court strengthened its power and gained equal footing with the legislative and executive branches.


DARTMOUTH COLLEGE V. WOODWARD (1819) 

BACKGROUND: New Hampshire’s state legislature changed Dartmouth College from a private institution to a public (state) institution in order to reduce the cost of a college education.

DECISION: The Supreme Court decided that Dartmouth College’s charter was a contract and states may not pass laws “impairing obligations of contracts.” The Supreme Court ruled the New Hampshire law was unconstitutional.

IMPACT: The Court expanded federal power by declaring a state law unconstitutional. It also aided businesses by guaranteeing that business contracts could not be altered by the government.


McCULLOCH V. MARYLAND (1819) 

BACKGROUND: The state of Maryland placed a large tax on deposits in the National Bank in an effort to destroy the Bank. James McCulloch, a National Bank official, refused to pay the tax to the state.

DECISION: The Supreme Court declared the National Bank legal and stated the Maryland tax was unconstitutional since it was designed solely to destroy the National Bank.

IMPACT: Congress used the elastic clause to create the National Bank. Since the Bank was found to be constitutional, the Supreme Court implied use of the elastic clause was constitutional.



GIBBONS V. OGDEN (1824) 

BACKGROUND: New York State granted Aaron Ogden total control of ferry service on all rivers and waterways in New York State. Thomas Gibbons had a federal license to operate steamboats between New York and New Jersey. Ogden sued Gibbons to regain the monopoly he had over ferry service in New York State.

DECISION: New York State’s monopoly was ruled invalid since only the federal government can control interstate commerce.

IMPACT: The Court increased federal power by classifying transportation as a part of interstate commerce. The ruling set a precedent for federal government regulation of railroads, airlines, and other forms of transportation as well as communications and manufacturing in future years.

 

Comments (0)

You don't have permission to comment on this page.