Most Important Justice in
Supreme Court history
Significantly strengthened the Supreme Court in
Marbury v Madison(1803) and other cases. His
decisions greatly increased power of the federal
government over the states.
Born in Virginia, 1755
Served as an officer with General
Washington during the Revolution
Attended College of William and Mary and
became a practicing attorney.
2nd cousin of Thomas Jefferson.
Marshall became a
committed Federalist where
his court decisions would
reflect the need for a
strong national government
over the states.
Dominated court for 34
years, long after Federalist
party died out.
Strengthened the
federal
government
His
decisions
at times
and helpeddemocracy
create a
hampered
stable environment
just
when
America
for
business.
was becoming more
democratic.
Checked
the excesses
(Jacksonian
Period)
of the popularly
elected state
legislatures.
Examined cases from a Federalist philosophy
and found legal precedents to support his
Hamiltonian views..
Jeffersonian attempts to balance the Court
with Republicans failed.
Republicans came to accept the Federalist ideal
of strong central government..
Evolves As A Federalist
1. US troops suffer at Valley Forge
Need a strong government to tax which AOC
could not provide
2. Merchants refused to pay debts to British
Need strong to government to demand obedience
AOC could not provide
3. Shay’s Rebellion “mobocracy”
Need a strong government to maintain order AOC
could not provide
Evolves As A Federalist
4. French Revolution
Importance of US Government to maintain order.
5. Controversial: Neutrality/Whiskey Rebellion
Individuals should respect the office of the
presidency even if one disagrees with decisions.
6. XYZ Affair
US Government needed to be powerful enough to
command respect from other nations.
Evolves As A Federalist
7. Kentucky/Virginia Resolutions
States not the final authority over law but SC.
8. Appointed as Chief Justice
Increase powers of SC and national government.
9. Republicans took control of US Congress
As chief justice, implements Federalist principles.
Protection of Property Rights
Against Popular Pressures
Issue: new Georgia legislature canceled a
contract which granted 35 million acres in the
Yazoo River county to land speculators as a form
of graft
Decision: Court ruled Constitution forbids
state from
"impairing contracts"
One of earliest examples of Court asserting
its right to invalidate state laws
Court stated the legislative grant was a
contract (albeit fraudulently secured)
“Steamboat Case"
Setback to States' Rights
Issue: In 1808 the State of New York
An attempt
state monopoly
of New York
granted by
an the
exclusive
to to
grant to anavigation
private company
a monopoly
of a
privileges
of
waterway
between
NewNew
York
andto
New
the waterway
from
York
Jersey. (Meaning
no other company
Newthat
Jersey.
could use the channel.)
“Steamboat Case"
Setback to States' Rights
Decision: Only Congress had the
An
attempt
by theinterstate
state of New
York to
right
to regulate
commerce.
grant to a private company a monopoly of a
waterway
between
New rivers
York and
New
Court ruled
interstate
were
to
Jersey.
(Meaning
that no not
other
company
regulated
by Congress,
individual
could usestates.
the channel.)
Issue: Maryland tried to
destroy its branch of the
Bank of the U.S. by taxing
its notes.
Decision: Marshall declared
Bank of U.S. constitutional,
denying the right of
Maryland to tax the Bank.
Marshall invoked Hamilton's doctrine of
implied powers
(elastic clause of the constitution )
“Necessary & Proper"
"the power to tax involves the power
to destroy”
and
"that a power to create implies the
power to preserve."
"Loose Construction" given major boost.
Argued the Constitution derived from
the consent of the people and thus
permitted the government to act for
their benefit.
Protection Of Property
Rights From The States
Issue: New Hampshire had reversed a charter granted
to the college by the British king in 1769.
Republicans sought to remove "private" aspect of
school & make it a state institution.
Dartmouth appealed; defended by
Daniel Webster,
an alumnus.
Decision: Charter was a contract; states could not
cancel a legal agreement.
Significance
Positive: safeguarded business from
domination by the states.
Negative: set precedent giving corporations ability to
escape government control.
Argued Federalist and
nationalist views before
the Supreme Court. He
actually "ghost wrote“
some of the Marshall’s
opinions.
Classic speeches in the
Senate, challenging states'
rights and nullification,
were similar to arguments
he earlier made to the
Supreme Court.
Virginia sought to disregard
Treaty of Paris (1783) and
Jay’s Treaty (1794) regarding
confiscation of Loyalist lands.
Issue
Did the Supreme Court (as stated in
Judiciary Act of 1789) have the right
to review decisions of state supreme
courts where federal statutes or
treaties were involved or when state laws
had been upheld under the Constitution?
Decision
Supreme Court rejected
"compact theory“
and state claims that they (the states) were
equally sovereign with the federal government.
Significance
Upheld Supremacy Clause of the Constitution
and federal judicial supremacy over the states.
Involved the Cohen brothers appealing to the
Supreme Court for being found guilty of illegally
selling lottery tickets by the state of Virginia.
Issue: whether the Supreme Court had
jurisdiction to hear an appeal in a criminal case
decided by the courts of the state of Virginia.
Virginia won and the conviction was upheld.
Significance: Decision affirmed the Court's
assertion of its power to review state
supreme court decisions in criminal law
matters when the defendant claims that
their Constitutional rights have been
violated.
JUDICIAL AUTHORITY
Marbury vs. Madison
NATIONALISM
McCulloch vs. Maryland
Gibbons vs. Ogden
Cohens vs. Virginia
PROPERTY RIGHTS
Dartmouth College vs. Woodward
Fletcher vs. Peck
JUDICIAL AUTHORITY
Supreme Court has the power to declare a law
unconstitutional with the principle of judicial
review.
NATIONALISM
The National Government has supremacy
over the states.
PROPERTY RIGHTS
Private property is sacred and
contracts legal.