Unit 4: GROWTH OF THE
YOUNG NATION
Topic 3:
The Marshall Court
(Judicial Nationalism)
JUDICIAL NATIONALISM:
The Marshall Court


Chief Justice Marshall was
a Federalist and believed
in a strong central
government.
Marshall sets several legal
precedents that
strengthened the power of
the Supreme Court as an
equal branch of the
government.
JUDICIAL NATIONALISM:
The M&M Cases



Marbury v. Madison established the
principle of Judicial Review – the ability
of the Supreme Court to declare a law
unconstitutional
McCulloch v. Maryland established the
principle of Implied Powers– the ability
of the Supreme Court to determine
national powers that aren’t in the
Constitution, and to say that states can’t
overrule national laws
Gibbons v. Ogden said that the national
government controls commerce
between states
TOPIC 3: The Marshall Court



You have been elected the new Mayor of
Ashburn. Before leaving office, the old mayor
gave jobs to several of his political friends but
the paperwork hasn’t made it to the personnel
office yet.
Should you 1) honor the jobs promised by the
old mayor, or 2) cancel the jobs since they
aren’t “officially” in the system yet?
Why?
The Marshall Court



You have been elected the new Mayor of
Ashburn. Before leaving office, the old mayor
gave jobs to several of his political friends but
the paperwork hasn’t made it to the personnel
office yet.
What are the possible negatives to denying
these people their jobs?
What are the possible positives to allowing
them to take these jobs?
The Marshall Court


You have been elected the new Mayor of
Ashburn. Before leaving office, the old mayor
gave jobs to several of his political friends but
the paperwork hasn’t made it to the personnel
office yet.
Would it make a difference if the prospective
employees had worked against you in the
mayoral elections?
The Marshall Court
•
Marbury vs Madison
–
–
–
The Midnight Judges
Can Congress tell the
Court to enforce a duty of
the executive branch?
The first time a law is
declared unconstitutional.
•
Judicial Review
–
The power of the
Courts to review
laws of Congress
and decide whether
they are
constitutional.
The Marshall Court

McCullough v Maryland
–
–
Maryland wanted to tax a 
branch of the National
Bank (that was located in
Maryland)

Does the Constitution
even allow a National
Bank at all?
States can’t be more
powerful than the national
government
Implied Powers
–
The Courts can
interpret the
Constitution to say
what the government
can and can’t do
The Marshall Court

Gibbons v Ogden
–
–
Who gets to control the ferry
business between NY & NJ?
Each state wanted control.
•
Federal control of
Interstate
Commerce
–
The national
government has
the final say in
regulating
commerce
between the states.
JUDICIAL NATIONALISM:
The M&M Cases



Marbury v. Madison established the
principle of Judicial Review – the ability
of the Supreme Court to declare a law
unconstitutional
McCulloch v. Maryland established the
principle of Implied Powers– the ability
of the Supreme Court to determine
national powers that aren’t in the
Constitution, and to say that states can’t
overrule national laws
Gibbons v. Ogden said that the national
government controls commerce
between states
The Marshall Court

The Marshall Court set the foundation of the
Supreme Court’s authority to solve
disagreements between
–
–
–
branches of governments
levels of government
and competing business interests.