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Judicial Nationalism

Judicial Nationalism. John Marshall’s Court 1801-1835. Judicial Nationalism. Chief Justice John Marshall’s court 1801-1835 Decisions reflected the upsurge in nationalism Bolstered the power of the federal government at the expense of the states. The Marshall Court.

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Judicial Nationalism

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  1. Judicial Nationalism John Marshall’s Court 1801-1835

  2. Judicial Nationalism • Chief Justice John Marshall’s court • 1801-1835 • Decisions reflected the upsurge in nationalism • Bolstered the power of the federal government at the expense of the states

  3. The Marshall Court Marbury v. Madison (1803) McCulloch v. Maryland (1819) Dartmouth College v. Woodward (1824) Gibbons v. Ogden (1824) Worcester v. Georgia (1832)

  4. Marbury v. Madison 1803 • Midnight judges case • Judiciary Act 1789 • Writs of mandamus • Marshall’s decision • Established judicial review • “It is emphatically the province and duty of the judicial department to say what the law is.” • “…a law repugnant to the Constitution is void.” • The right of the courts to determine the constitutionality of acts of Congress • Result • Empowered the Court as the only arbiter of the Constitution

  5. McCulloch v. Maryland 1819 First Bank of the United States Chief Justice John Marshall • Bank of the United States • Maryland taxed the Bank • Decision • “Let the end be legitimate, let it be within the scope of the Constitution , an all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional.” • National supremacy • Congress had the power to create the bank • Necessary and proper clause • Article I Section VIII • Implied powers • State cannot tax a federal agency (bank) • “power to tax involves power to destroy” • Results • Loose construction • Broad powers to Congress • Blow to the states

  6. Dartmouth College v. Woodward 1819 • New Hampshire attempted to change Dartmouth College’s charter • Daniel Webster • Graduate of Dartmouth College • Attorney for Dartmouth College • Espoused the virtues of nationalism • Challenged states’ rights in the Senate • Challenged nullification • Marshall’s Decision • Original charter must stand; it is a contract • Constitution protects contracts against state encroachment • Article I Section X • Result • Safeguarded business enterprises from domination by the states’ governments

  7. Gibbons v. Ogden 1824 • Steamboat case • New York state granted a monopoly of waterborne commerce between New York and New Jersey to Ogden • Decision • Constitution conferred to Congress alone the control of interstate commerce • Article I Section VIII • Results • Emancipation Proclamation of Commerce • Defined commerce broadly • Not just buying and selling goods, but • transportation, communication, railroads, telegraph, gas, oil, travel, air • Broad powers to congress • Blow to states Steamboat case Chief Justice John Marshall

  8. Worcester v. Georgia 1832 • Georgia law in 1828 declared the Cherokee tribal council illegal and asserted its own jurisdiction over Indian affairs • Marshall’s decision • “treaties and laws of the United States contemplate the Indian territory as completely separated from that of the states; and provide that all intercourse with them shall be carried on exclusively by the government of the union…” • “The Cherokee nation…is a distinct community occupying its own territory in which the laws of Georgia can have no force” • Results • Defied by President Andrew Jackson • Trail of Tears

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