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John Marshall and the United States Supreme Court

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John Marshall and the United States Supreme Court Judicial Review Court Decisions Federal Power John Marshall and Supreme Court John Marshall, Chief Justice (1801 ... – PowerPoint PPT presentation

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Title: John Marshall and the United States Supreme Court


1
John Marshall and the United States Supreme Court
  • Judicial Review
  • Court Decisions
  • Federal Power

2
(No Transcript)
3
John Marshall and Supreme Court
  • John Marshall, Chief Justice (1801-1835)
  • Under Marshall, court favored a strong federal
    government and national economy
  • Marshall gave the court weight and purpose as the
    third branch in the separation of powers
  • Marshall would apply several Federalist
    principles in guiding the Supreme Court
  • Under Marshall, the Supreme Court established
    Judicial Review (the power to review acts of
    Congress and the President for constitutionality)
  • Marshall Court interfered with the state
    governments power to interfere with business
    contracts
  • Under Marshall, the Court determined that Federal
    law was superior to state law
  • Marshall broadly interpreted the constitution by
    giving greater power to the national government

4
Major Decisions
  • Marbury v. Madison
  • Only case Marshall presided over in which the
    Court deemed an act unconstitutional
  • Judicial Review established when Marshall
    declared that the statute for which Marbury was
    arguing was unconstitutional to begin with
  • Judicial review means a government in which no
    person (not even the President) and no
    institution (not even Congress or the Supreme
    Court itself), nor even a majority of voters, may
    freely work their will in violation of the
    written Constitution
  • 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, of
    necessity, expound and interpret that rule. If
    two laws conflict with each other, the Courts
    must decide on the operation of each.
  • Chief Justice John Marshall
  • "Certainly all those who have framed written
    constitutions contemplate them as forming the
    fundamental and paramount law of the nation, and
    consequently the theory of every such government
    must be, that an act of the legislature repugnant
    to the Constitution is void."
  • Chief Justice John Marshall

5
Major Decisions
  • Fletcher v. Peck (1810)
  • States can not pass legislation invalidating a
    contract
  • First time Supreme Court declared a state law to
    be unconstitutional
  • Dartmouth College v. Woodward (1819)
  • New Hampshire law changed Dartmouth from
    privately charted college to public institution
  • Supreme Court struck down the state law it
    argued that a contract for a private institution
    could not be altered by the state
  • McCulloch v. Maryland
  • 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?
  • State of Maryland tried to collect taxes from
    Second Bank of the United States
  • Using loose interpretation, Marshall ruled that
    the govt has implied powers to create the bank
  • And, no state can tax a federal institution
    because power to tax is power to destroy
  • Gibbons v. Ogden (1824)
  • Marshall 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 federal
    government can regulate interstate commerce

6
In Conclusion
  • Marshall gave the third branch of the federal
    government a prominent role in the US Government
  • Guaranteed that rule of law would be upheld in
    the govt of the United States
  • Marshall helped to build a stronger federal
    government
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