NATIONALISM & THE
MARSHALL COURT
Mr. Sandford
AP United States History
John Marshall’s Background
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He served as Washington’s
Aide in the Revolutionary War.
He served as Secretary of
State under John Adams.
Appointed as Chief Justice of
the Supreme Court by Adams
after he lost the election.
He continued as Sec. of State
and Chief Justice for 2 months.
Marshall’s Politics
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He was a Federalist
He had a “loose” interpretation of
the Constitution.
He believed strongly in implied
powers.
He developed “Judicial Review”
He believed strongly in the
“national supremacy clause”.
Marshall’s Motives
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Promote Nationalism
in spite of Election of
1800 and the rise of
Jefferson.
Strengthen the federal
government at expense
of the states.
Strengthen the court at
the expense of
President.
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Advance the interests
of the commerce class.
Protect free enterprise
from state control.
Protect the sanctity of
contracts.
Promote economic
growth and
industrialization.
Marbury v. Madison (1803)
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Federalists (Adams) passed the
JUDICIARY ACT of 1801 and
appointed the “midnight judges” in
their last hours in office.
Found ACT unconstitutional and
established the precedent of
JUDICIAL REVIEW.
Power of the Court established,
instant respectability.
Fletcher v. Peck (1810)
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ISSUE: The Georgia
Leg. gave large amount
of land to Yazoo
Company (bribes) A
year later, after
election, wanted land
back.
Land grant contracts
can not be repealed,
SC.
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PRECEDENT: Made
Contracts “sacred”.
Power of the Court to
overrule decisions made
by the states.
Judicial Review of State
Laws – “NATIONAL
SUPREMACY
CLAUSE”
Dartmouth Col v Woodward (1819)
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ISSUE: States trying
to control board
overseeing a private
college, established
under royal charter.
SC: Charters are legal
contracts.
Dartmouth remained
private.
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PRECEDENT: Loose
interpretation of the
constitution, “contract”
Judicial Review of
State Decisions.
Marshall said states
gave up some rights
when ratified the
Constitution, no longer
sovereign.
McCulloch v. Maryland (1819)
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ISSUE: Southern States
seek to limit the power
of the National Bank.
Maryland placed a high
tax on the Bank.
SC: Bank is
Constitutional,
necessary and proper
clause.
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PRECEDENT: Loose
interpretation of the
Constitution, esp.
necessary and proper
clause.
States can not tax
federal institution.
Supremacy Clause.
Gibbons v. Ogden (1824)
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ISSUE: NY gave
Ogden monopoly over
Hudson River Ferry
Service.
US gave Gibbons
control of the same
river.
State monopolies are
worthless.
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PRECEDENT: State
power to grant
monopolies is limited.
Federal supremacy overinterstate commerce.
Loose interpretation of
the Constitution, federal
government regulates
inter-state commerce.
Attacks on the Court
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Impeachment attacks to silence
aggressive federalist judges.
Repealed the Judiciary Act.
Jefferson argued the Court
overstepped its bounds and the
court power should be changed.
Gibbons court case, very popular,
TJ attacks end and the power of
Judicial Review is insured.