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Heather Runkel


Forte


1st Period


Part B


                                       Seven Marshall Cases


Marbury v. Madison (1803)


         The Marbury v. Madison case was between William Marbury and Secretary of State

James Madison. Marbury appealed to the Supreme Court because he had been one of the future

appointees to a high federal court by the Organic Act passed by President John Adams. The Act

did not go in to effect because Jefferson refused to sign them into commission. Jefferson

validated this by explaining how the act had not been passed before the end of Adams’s term.

The Supreme Court ruled in favor of Madison because it does not have the right to issue a

mandamus, or official write from a superior court to a lower court ordering a specific action to

take place. This case verified that Congress cannot expand its rights past what they are listed as

in the Constitution.


Fletcher v. Peck (1810)


         The Fletcher v. Peck case was between Robert Fletcher and John Peck. Fletcher ended up

suing Peck in 1810 after purchasing land from him in 1803. Fletcher wanted to prove the

constitutionality of the 1796 statute, which stated that land could no longer be sold at the

ridiculously low price of two cents an acre. Many ignored this and continued to sell the land at

high prices. The Supreme Court ruled in favor of Peck because the 1796 was deemed
unconstitutional. It was determined that states could not abolish contracts, but could pass

legislation that could affect the contracts.


McCullough v. Maryland (1819)


        The McCullough v. Maryland case was between McCullough, a cashier of the Baltimore

branch of the Bank of the United States, and Maryland. Maryland was suing McCullough

because he distributed bank notes against state law and he failed to pay taxes due under the

Maryland statute. McCullough questioned the overall constitutionality of the statute. The

Supreme Court first favored in Maryland, but then switched to favoring McCullough because the

state does not have a right to tax an institution created by Congress. The case proved to be one of

the few times when the Supreme Court actually reversed its ruling and proved that Marshall

strongly believed in a strong, centralized government because of the ruling.


Dartmouth College v. Woodward (1819)


        The Dartmouth College v. Woodward case was between Dartmouth College and William

H. Woodward. Woodward was being sued by the old trustees of the college to protest the fact

that the New Hampshire legislature changed the college so that trustees were appointed via the

governor. Dartmouth College was favored by the Supreme Court in a landslide victory because

the legislature could not interfere with the corporate charter that was Dartmouth College.


Gibbons v. Ogden (1824)


        The Gibbons v. Ogden was between Gibbons, a person given the right to steam boat

navigation on the waters between NYC and New Jersey, and Ogden, someone also given the

privilege of steam boat navigation. Ogden sued Gibbons in pursuit of greed in keeping the
privilege of exclusive navigation to himself. He also testified that his steamships were liscensed

under the Act of Congress entitled “An act for enrolling and licensing ships and vessels to be

employed in the coasting trade and fisheries, and for regulating the same.” The Supreme Court

ruled in favor of Ogden, but then revered the judgment to the favor of Gibbons because a state

could not give the authority of navigation, no matter the economy, to a single authority.


Cherokee Nation v. Georgia (1831)


        The Cherokee Nation v. Georgia case was between the Native Americans of the

Cherokee Nation and Georgia. The Cherokee Indians were suing Georgia for the illegal act of

forcing them off of their land and being forced to move west. The Supreme Court ruled in favor

of Georgia because the Supreme Court had no authority in the case. They had no authority

because the Cherokee Nation was a “domestic dependent nation”, and not a foreign nation. This

case cause Marshall and the other officials of the court to be looked down upon in the future

because they basically found a loophole to get the Indians moved. This was typical of Marshall

because he believed in federalist policies, and the federalists’ views the Indians as being “in the

way”.


Worcester v. Georgia (1832)


        The Worcester v. Georgia case was between Samuel A. Worcester and Georgia.

Worcester was indicted under "an act to prevent the exercise of assumed and arbitrary power by

all persons, under pretext of authority from the Cherokee Indians." The issue was whether or not

Georgia had the right to regulate the communication between citizens of Georgia and members

of the Cherokee Nation. Marshall argued that Georgia’s act was unconstitutional because the
Cherokee Nation exists in its own sovereign land and is not affected by Georgia law. This case

was shocking because it went against Marshall’s original federalist views.

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Part b

  • 1. Heather Runkel Forte 1st Period Part B Seven Marshall Cases Marbury v. Madison (1803) The Marbury v. Madison case was between William Marbury and Secretary of State James Madison. Marbury appealed to the Supreme Court because he had been one of the future appointees to a high federal court by the Organic Act passed by President John Adams. The Act did not go in to effect because Jefferson refused to sign them into commission. Jefferson validated this by explaining how the act had not been passed before the end of Adams’s term. The Supreme Court ruled in favor of Madison because it does not have the right to issue a mandamus, or official write from a superior court to a lower court ordering a specific action to take place. This case verified that Congress cannot expand its rights past what they are listed as in the Constitution. Fletcher v. Peck (1810) The Fletcher v. Peck case was between Robert Fletcher and John Peck. Fletcher ended up suing Peck in 1810 after purchasing land from him in 1803. Fletcher wanted to prove the constitutionality of the 1796 statute, which stated that land could no longer be sold at the ridiculously low price of two cents an acre. Many ignored this and continued to sell the land at high prices. The Supreme Court ruled in favor of Peck because the 1796 was deemed
  • 2. unconstitutional. It was determined that states could not abolish contracts, but could pass legislation that could affect the contracts. McCullough v. Maryland (1819) The McCullough v. Maryland case was between McCullough, a cashier of the Baltimore branch of the Bank of the United States, and Maryland. Maryland was suing McCullough because he distributed bank notes against state law and he failed to pay taxes due under the Maryland statute. McCullough questioned the overall constitutionality of the statute. The Supreme Court first favored in Maryland, but then switched to favoring McCullough because the state does not have a right to tax an institution created by Congress. The case proved to be one of the few times when the Supreme Court actually reversed its ruling and proved that Marshall strongly believed in a strong, centralized government because of the ruling. Dartmouth College v. Woodward (1819) The Dartmouth College v. Woodward case was between Dartmouth College and William H. Woodward. Woodward was being sued by the old trustees of the college to protest the fact that the New Hampshire legislature changed the college so that trustees were appointed via the governor. Dartmouth College was favored by the Supreme Court in a landslide victory because the legislature could not interfere with the corporate charter that was Dartmouth College. Gibbons v. Ogden (1824) The Gibbons v. Ogden was between Gibbons, a person given the right to steam boat navigation on the waters between NYC and New Jersey, and Ogden, someone also given the privilege of steam boat navigation. Ogden sued Gibbons in pursuit of greed in keeping the
  • 3. privilege of exclusive navigation to himself. He also testified that his steamships were liscensed under the Act of Congress entitled “An act for enrolling and licensing ships and vessels to be employed in the coasting trade and fisheries, and for regulating the same.” The Supreme Court ruled in favor of Ogden, but then revered the judgment to the favor of Gibbons because a state could not give the authority of navigation, no matter the economy, to a single authority. Cherokee Nation v. Georgia (1831) The Cherokee Nation v. Georgia case was between the Native Americans of the Cherokee Nation and Georgia. The Cherokee Indians were suing Georgia for the illegal act of forcing them off of their land and being forced to move west. The Supreme Court ruled in favor of Georgia because the Supreme Court had no authority in the case. They had no authority because the Cherokee Nation was a “domestic dependent nation”, and not a foreign nation. This case cause Marshall and the other officials of the court to be looked down upon in the future because they basically found a loophole to get the Indians moved. This was typical of Marshall because he believed in federalist policies, and the federalists’ views the Indians as being “in the way”. Worcester v. Georgia (1832) The Worcester v. Georgia case was between Samuel A. Worcester and Georgia. Worcester was indicted under "an act to prevent the exercise of assumed and arbitrary power by all persons, under pretext of authority from the Cherokee Indians." The issue was whether or not Georgia had the right to regulate the communication between citizens of Georgia and members of the Cherokee Nation. Marshall argued that Georgia’s act was unconstitutional because the
  • 4. Cherokee Nation exists in its own sovereign land and is not affected by Georgia law. This case was shocking because it went against Marshall’s original federalist views.