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8 Cards in this Set

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  • Back
Marbury v. Madison
John Marshall Court
(1803): Settles the question as to which branch of the government has the final authority to determine the meaning of the constitution. Jefferson tried to allot that power to the individual states in the Kentucky resolves in 1798-an early attempt to assert states’ rights. Chief Justice John Marshall settled the dispute by declaring that the Judiciary Act of 1789 that fellow federalist judge John Marbury tried to base his argument upon as unconstitutional. By doing this, Marshall asserted the right of “judicial review,” and asserted the power of the supreme court the ultimate power in interpreting the Constitution. By doing this he set a precedent for this to be one of the major roles of the supreme court. (p. 216)
Fletcher v. Peck
John Marshall Court(1810): Protects Citizens Property Rights and asserts the Supreme Court’s power to invalidate state laws conflicting with the constitution. The Georgia legislature, swayed by bribes, grants $35 million dollars worth of land to private speculators; during the election this legislature was voted out and the new legislature, at the head of an angry public, tries to cancel/nullify the transaction. However, John Marshall and the Supreme Court overturn the attempt to cancel the land grant, claiming that the grant from the old legislature to the private speculators was a contract, and the constitution forbids the government to impair contracts (Art. I, Sec. X, para. 1). This decision protects citizens’ property rights against public or governmental pressures. This decision was also an early example of the Supreme Court having the power to invalidate state laws conflicting with the constitution. (p. 249)
McCulloch v. Maryland
John Marshall Court (1819): The state of Maryland cannot tax the federal Bank of the United States. This Case also set a precedent for the federalist doctrine of “loose construction” of the interpretation of the Constitution. The case involves an attempt by the state of Maryland to destroy a branch of the Bank of the United States by putting a tax on its notes. John Marshall declares the Bank of the United States Constitutional by the Hamiltonian Doctrine of implied powers (think necessary and proper clause) while at the same time denying Maryland the right to tax the bank’s notes. Marshall claimed that “the power to tax involves the power to destroy,” and “a power to create implies a power to preserve.” This is another example of Federal power being asserted over the power of a state. (p. 248)
Cohens v. Virginia
John Marshall Court(1821): Marshall asserts the right of the Supreme Court to review decisions made by the State Supreme Courts in all questions involving powers of the federal government. This case involved the Cohens, who were found guilty of illegally selling lottery tickets, and appealed to the Supreme Court. Marshall ruled against the Cohens, while at the same time asserting the right of the Supreme Court to review the decisions of the state supreme courts in all questions involving powers of the federal government. (p. 248)
Gibbons v. Ogden
John Marshall Court(1824) : Marshall enforces the point in the Constitution that grants Congress alone the power to control interstate commerce, not the individual states. In this case, the State of New York attempted to grant a monopoly of water-borne commerce between New York and Virginia. Marshall and the Supreme Court denied this deal on the basis that the Constitution grants only Congress the control of interstate commerce, dealing another blow to states’ right proponents. (p. 248)
Dartmouth College v. Woodward
John Marshall Court(1819) : Marshall asserts the Constitution’s safeguards of government trying to change or nullify contracts, a decision that will set the precedent of safeguarding business from state legislatures and later allowing corporations to escape government control. Darthmouth College was given a charter by King George III in 1769, and the state of New Hampshire was trying to change Dartmouth’s charter. Marshall and the Supreme Court ruled that the charter was a contract, and thus was safe from being changed or nullified by the states. The precedents that this case set were safeguarding business from state legislatures (positive effect), and later enabling chartered corporations to escape public control (negative effect). (p. 249)
Cherokee Nation v. Georgia
John Marshall Court(1831) :

-Court refused to hear case, which the Cherokees brought forward, b/c GA had abolished their tribal legislature and courts (said that because the tribe was a "foreign nation, the decision should be made by the Supreme Court)

-Marshall said they really were not foreign nations (they just had special status)(p. 281)
Worcester v. Georgia
John Marshall Court(1832)
-GA state gov't said any US citizen who wanted to enter Cherokee territory had to obtain permission from the governor

-GA law was overturned, b/c the federal gov't had the constitutionally mandated role of regulating trade with the tribes

-Jackson said of Marshall "John Marshall has made his decision. Now let him enforce it"