PERIOD 4: TO 1848

Marshall Court, Market Revolution, Reform Movements, and

Continued Expansion

Define federalism and provide an example from your own

experience

A system of government in which power is divided between a national government and regional governments

“THE QUESTION OF THE RELATION OF THE STATES TO THE FEDERAL GOVERNMENT IS THE CARDINAL QUESTION OF OUR CONSTITUTIONAL SYSTEM. IT CANNOT BE SETTLED BY THE OPINION OF ONE GENERATION, BECAUSE IT IS A QUESTION OF GROWTH, AND EACH SUCCESSIVE STAGE OF OUR POLITICAL AND ECONOMIC DEVELOPMENT GIVES IT A NEW ASPECT, MAKES IT A NEW QUESTION”

--WOODROW WILSON

Key Concept 4.1

The nation’s transformation to a more participatory democracy was accompanied by continued debates over federal power, the relationship between the federal government and the states, the authority of different branches of the federal government, and the rights and responsibilities of individual citizens

Supreme Court Background

John Jay=1st Chief Justice Chisholm v. Georgia

(1793) Georgia did not pay

merchant from SC for supplies sold

Were states under the jurisdiction of the SC?

11th Amendment—declared states immunity from being brought to federal court w/out consent

Significance?

The Marshall Court

Born in Virginia Oldest of 15 children Fought in Revolution Served as GW’s chief legal

officer Law practice—defended

clients against pre-war British creditors

only formal education = six week lecture series at College of William and Mary

Delegate to Constitutional Convention

Marshall Bio cont…

Declined first appointment to SC

Delegate to France in the XYZ affair

Appointed in 1801 by J. Adams

Heard more than 1000 cases and wrote 519 decisions

Served as Chief Justice until his death in 1835

Marbury v. Madison—Context

“Midnight appointments” TJ defeats J. Adams Substantially expanded

federal judiciary w/ Judiciary Act of 1801

Filled positions with Federalists

The Federalists “had retired into the judiciary as a stronghold” –TJ

Repealed Judiciary Act of 1801

Marbury v. Madison—The Case (1803)

FACTS QUESTIONS

1. Marbury=midnight justice

2. Madison=new Secretary of State

3. TJ told Madison not to deliver the commission

4. Marbury sued for the SC to order Madison to deliver commission (writ of mandamus)

What power does the supreme court actually have?

Is it a lose-lose situation?

Checks and Balances?

Marbury v. Madison--Decision

Ruled that SC did not have the authority to issue order

Declared part of Judiciary Act of 1789 unconstitutional

Asserted power by limiting power

Considered brilliant Established judicial

review

Jefferson’s Revenge

“I shall be sober tomorrow. I am now damned drunk.” — Federal District Court of New Hampshire Judge John Pickering at the start of a hearing in November 1802. Pickering was later impeached and convicted on charges of drunkenness, profanity on the bench and unlawful rulings.

Fletcher v. Peck (1810)

FACTS QUESTIONS/DECISION

Georgia state legislature sold land for bribes under contract

New GA legislature voided the law

Peck bought land under first law

Fletcher argued Peck had no legal right to the land

Can a state declare a previous law (and all contracts under it) void?

Can the SC strike down a state law?

Decision—5-0 Peck Constitution does not allow

ex post facto laws Supreme Court exercises

judicial review over state laws

Governments can’t renege on grants and contracts

Your turn…

From Wilkinson reading… Johnson v. McIntosh Cherokee Nation v.

Georgia Worcester v.

Georgia

Oyez Project McCullough v.

Maryland Dartmouth College

v. Woodward Cohens v. Virginia Gibbons v. Ogden

McCulloch v. Maryland (1819)

FACTS QUESTIONS AND DECISION

Second Bank of US Baltimore branch Maryland voted to

tax it McCulloch (clerk)

refused to pay

Can Congress charter a bank?

Can states tax it?

Decision 7-0 McCulloch “necessary and proper”

clause and implied powers “supremacy” clause –

power to tax involves the power to destroy”

“Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional”

--Chief Justice John Marshall

Significance?

Dartmouth College v. Woodward (1819)

FACTS QUESTIONS/DECISION

New Hampshire tried to alter a provision in Dartmouth’s charter essentially making it a public institution rather than private

NH had Republican legislature

Dartmouth had a Federalists majority board of trustees which was self- perpetuating

Can a state interfere with the rights of a charter already granted?

Decision 5-1 Dartmouth Contract = private

corporations became beyond the reach of the state that issued the charter

Cohens v. Virginia (1821)

FACTS QUESTIONS/DECISION

Lottery was illegal in Virginia, Cohen brothers sold lottery tickets there anyway because it was legal in the District of Columbia

They were tried and convicted in Virginia

State of Virginia declared themselves to be the final word

Can the SC review a decision of a state court?

Decision Unanimous—SC can review

decisions of state courts in order to maintain uniformity of law

Also stated Virginia had the right to forbid sale of lottery tickets

Johnson v. McIntosh (1823)

FACTS QUESTIONS/DECISION

Chiefs of Illinois and Piankeshaw tribes deeded parcels of land to private parties (Johnson)

Later land was deeded to US in the form of a treaty and sold to McIntosh

Property rights of tribes?

Decision Tribes held ownership

interest but could not sell to anyone other than federal government

Established norms for frontier property rights

Gibbons v. Ogden (1824)

FACTS QUESTIONS/DECISION

State of NY gave exclusive rights to operate steamboats in state waters (Ogden)

Gibbons had a federal coastal license and operating b/w NY and NJ and was charged heavy fees

Interpretation of the Commerce Clause?

Decision Unanimous in favor of Gibbons ‘commerce’ clause meant

federal government could regulate goods as well as services across state borders

‘supremacy’ clause Influential in establishing

interstate norms involving railroads and expansion West

Cherokee Nation v. Georgia (1831)

FACTS QUESTIONS/DECISION

Georgia declares Cherokee Nation null and void

Cherokee bring case to SC for original jurisdiction because they were a ‘foreign nation’

What status to tribes hold in the Constitution?

Decision Case was declined b/c

Cherokee were not considered a foreign nation, therefore, SC did not have original jurisdiction

Established status as ‘domestic dependent nation’

Worcester v. Georgia (1832)

FACTS QUESTIONS/DECISION

Worcester & Butler (missionaries) entered Cherokee territory

Georgia law required permission from governor before entering Cherokee territory

Worcester & Butler sentenced to 4 years of hard labor

What is the relationship between state and tribal laws?

Decision In favor of Worcester Tribal sovereignty was

established over state laws

Barron v. Baltimore (1833)

FACTS QUESTIONS/DECISION

Barron owned a wharf in Baltimore

City development caused wharf to be filled with sand

Barron sued the city

Does the 5th amendment apply to states in regards to compensation for property?

“nor shall private property be taken for public use, without just compensation”

Decision No—Bill of Rights only applies

to federal government Therefore SC had no

jurisdiction

HTS and the Marshall Court

How can we apply the Marshall rulings to the follow historical themes? American Identity Politics and Power Work, Exchange and Technology

Determine the degree to which each of the following would agree or disagree with Marshall’s rulings and why? Alexander Hamilton Thomas Jefferson Andrew Jackson

Current Relevance (aka synthesis)…

Predict how John Marshall might rule on one of the following issues and use a Marshall case to support your argument:

1) Legalization of marijuana 2) Obamacare 3) Same-sex marriage

Current Event Relevance?