4. WHO INTERPRETS THE CONSTITUTION?
John Marshall
Judicial review
Thomas Jefferson
Nullification by
states
5. JOHN MARSHALL
Chief Justice of the
Supreme Court
from 1801-1835
Federalist
National supremacy
Economic growth
Independence and
power of judicial
branch
6. MARBURY V. MADISON, 1803
Issue
Judicial review
Partisan politics
Background
“Lame duck” Federalist
Congressmen passed a new
Judiciary Act in early 1801
Adams (F) appointed “midnight
judges” but Jefferson (DR)
refused to deliver commissions
Marbury sued for his job
Outcome
S.C. established its power of
judicial review over president and
Congress
Marbury didn’t get the job
This case was the most important
precedent (stare decisis = let the
decision stand)
“Midnight Judge”
William Marbury
Secretary of State
James Madison
7. MCCULLOCH V. MARYLAND, 1819
Issue
National supremacy
Interstate commerce
National bank
Background
Maryland hated the national bank,
so it imposed a tax on the bank’s
branch in Maryland
Decision
National bank is constitutional
under the “necessary & proper”
(elastic) clause
“The power to tax is the power to
destroy”… therefore Maryland
cannot be given the power to tax
the national government
Established national supremacy
over the states
8. GIBBONS V. OGDEN, 1824
Issue
Interstate commerce
Background
Gibbons and Ogden ran
competing steamboat
companies that ferried goods
from state to state
Ogden, who had the exclusive
NJ state monopoly license, sued
in order to shut down Gibbons,
who had a federal license
Decision
Only the federal government (not
states) may regulate interstate
commerce
National supremacy over the
states
Gibbons (federal license) won
9. CHEROKEE NATION V. GEORGIA, 1831
Issue
Native American
sovereignty
Background
U.S. constitution failed
to clearly define
relationship between
tribal governments and
federal government
Decision
S.C. ruled that tribes are
“domestic dependent
nations” with some
rights but not complete
sovereignty
Cherokee Chief
John Ross
10. WORCHESTER V. GEORGIA, 1832
Issue
Native American sovereignty
Background
Georgia passed Indian
Removal Act to displace
Cherokees and other tribes
Cherokees sued, arguing that
Georgia had no jurisdiction
Decision
S.C. ruled in favor of
Cherokees…
…but President Andrew
Jackson ignored the court’s
decision: “John Marshall has
made his decision; now let
him enforce it!”
Indians were removed along
the “Trail of Tears” to
Oklahoma reservations
Indian Removal on
the Trail of Tears
11. REVIEW: MAIN IDEAS
National supremacy
Economic growth
Independence and
power of judicial
branch
Key Cases
Marbury v. Madison:
judicial review
McCulloch v. Maryland:
national supremacy,
national bank
Gibbons v. Ogden:
national supremacy,
interstate commerce
