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Judicial Nationalism

Judicial Nationalism. The Supreme Court Nullification Enter John Calhoun. 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.

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Judicial Nationalism

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  1. Judicial Nationalism The Supreme Court Nullification Enter John Calhoun

  2. 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 John Marshall and the Supreme Court of the United States

  3. 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

  4. Fletcher v. Peck (1810) • Ruled that the Supreme Court has the power to review the constitutionally of a state law and hear contract cases

  5. 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

  6. 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

  7. 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

  8. 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”

  9. 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.

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