Judicial Nationalism
The Supreme Court
Nullification
Enter John Calhoun
John Marshall and the Supreme Court
of the United States
Chief Justice, 1801-1835
His court decisions
greatly expanded the
implied powers clause of
the constitution
The principle of
federalism greatly
expanded under his tenure
Marbury v. Madison (1803)
William Marybury was
nominated by Adams to be a
judge, but Jefferson
becomes president and does
not honor Marybury’s
appointment
Marybury sues because he
wants the job
Marshall ruled courts have
“judicial review”, the right
to declare laws
unconstitutional and decide
to hear cases if they choose
to do so
Fletcher v. Peck (1810)
Ruled that the Supreme
Court has the power to
review the
constitutionally of a state
law and hear contract
cases
McCulloch v. Maryland (1819)
State banks argue that the United
States does not have the power to
create and run a national bank
because it is not addressed in the
Constitution
Court ruled that it was allowed
under the “necessary and proper
clause”
“Necessary and proper clause”
allows government to do what it
feels is necessary for the best
interest of the nation
Gibbons v. Ogden (1824)
A New York law gave a
steamboat company a
monopoly on the ferry
service on the New Jersey to
New York
Marshall rejected the law
and ruled that the United
States had the power to
regulate interstate commerce
not states
John C. Calhoun
Born in South Carolina, Yale
educated lawyer, served in
South Carolina legislature
and supported War of 1812 as
a “War Hawk”
Served as vice-president
under John Quincy Adams
and Andrew Jackson
He has taken the mantle of
defender of the “Southern
way of life”
John C Calhoun
The Nullification Crisis
South Carolina is suffering from an
economic depression that hurts cotton
planters
South Carolina is also paying what it
believes are high tariffs for imported goods
In 1828, Congress will raise the tariff rates
higher. South Carolinians name it the “Tariff
of Abominations”
Calhoun’s Theory of
Nullification
Calhoun argued that states had the right to to
nullify any federal law that exceeded the powers
granted in the Constitution
Nullify means that a state can refuse to obey--an
act of Congress it believes is unconstitutional
If Congress attempted to pass the law again then
states had the right to secede from the union.