The Marshall Court

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1801-1835

John Marshall





Appointed by
President John
Adams, one of the
“Midnight Judges”
No formal legal
training
Just as imp...

Marbury v. Madison (1803)
The MOST important case for the
Supreme Court!
 It defines the role of the Supreme Court
within...

Marbury v. Madison (1803)


Facts of the Case
1. William Marbury (one of Adams’ Midnight

Judges) never received his form...

Marbury v. Madison (1803)


Constitutional Issue:
1. Does the Constitution give the Supreme

Court the authority to revie...

Marbury v. Madison (1803)


The Court’s Decision (the
precedent)
1.
2.
3.

The Constitution is the
“Supreme Law of the La...

Marbury v. Madison (1803)


What did this mean for Marbury?
Marshall agreed Marbury was entitled to the
appointment and M...

Marbury v. Madison (1803)
For more information:
 Oyez Site
 Laws Site

McCulloch v. Maryland
(1819)


Facts of the Case
1. Maryland law required any bank that did not

have the state’s authori...

McCulloch v. Maryland
(1819)


Constitutional Issues
1. Does the Constitution permit Congress to

charter a bank?
2. Does...

McCulloch v. Maryland
(1819)


The Court’s Decision (the precedent)
1. The Constitution gives Congress the

authority to ...

McCulloch v. Maryland
(1819)


The Court’s Decision (the precedent)
1. Although the creating a national bank is not



s...

McCulloch v. Maryland
(1819)


The Court’s Decision (the precedent)
2. An institution of the federal government





(s...

McCulloch v. Maryland
(1819)


The Court’s Decision (the precedent)
2.

No, a state may not tax a corporation of the fede...

McCulloch v. Maryland
(1819)


What did this mean for Maryland?
 The Maryland law that taxed the National

Bank was unco...

McCulloch v. Maryland
(1819)
For more information:
 Oyez Site
 Law Site

Gibbons v. Ogden (1824)


Facts of the Case
New York State granted Aaron Ogden
monopoly rights to move people to New Jers...

Gibbons v. Ogden (1824)


Constitutional Issue
1. What is considered “commerce”?
2. Can Congress regulate trade? And to w...

Gibbons v. Ogden (1824)


The Court’s Decision (the precedent)
1. “Commerce” was defined to include

“navigation” such as...

Gibbons v. Ogden (1824)
The Court’s Decision (the precedent)



2.


Congress shares this power with the states, as long...

Gibbons v. Ogden (1824)
The Court’s Decision (the precedent)


2.

Yes, Congress can regulate trade between the states,
a...

Gibbons v. Ogden (1824)


What did this mean for Gibbons and
Ogden?
1. Both had permission to trade along the

Hudson Riv...

Gibbons v. Ogden (1824)
For more information:
 Oyez Site
 Laws Site

Summary
Quick Overview from
Keith Hughes
(@multimodalteach)
on YouTube

Questions for Discussion
1.

2.

3.

McCulloch v. Maryland: What
Constitutional Power(s) did this case give
to the Federal...

Questions for Discussion
4.
5.

Who was the winner: state or national
government?
To summarize, how would you describe the...

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