A basic look into the Marshall Court via Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden.

1. 1801-1835

2. John Marshall



Appointed by
President John
Adams, one of the
“Midnight Judges”
No formal legal
training
Just as important as
Washington,
Hamilton, and Adams
for strengthening the
federal government

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

4. Marbury v. Madison (1803)

Facts of the Case
1. William Marbury (one of Adams’ Midnight
Judges) never received his formal letter of
appointment to officially begin his job
2. In accordance with the Judiciary Act of
1789, Marbury requests the Supreme Court
serve James Madison (Jefferson’s
Secretary of State) with a writ of mandamus
compelling him to deliver the appointment

5. Marbury v. Madison (1803)

Constitutional Issue:
1. Does the Constitution give the Supreme
Court the authority to review acts of
Congress and declare them void if they do
not agree with the Constitution?

6. Marbury v. Madison (1803)

The Court’s Decision (the
precedent)
1.
2.
3.
The Constitution is the
“Supreme Law of the Land”
ALL laws must abide by the
Constitution
As the Supreme Court, the
main role is to defend the
Supreme Law of the Land
and determine which laws
are constitutional and which
are not

7. Marbury v. Madison (1803)

What did this mean for Marbury?
Marshall agreed Marbury was entitled to the
appointment and Madison should be made to
deliver the appointment
2. However, the Constitution did not give the
Supreme Court the authority to issue a writ of
mandamus and therefore cannot
constitutionally do it
3. Section 13 of the Judiciary Act of 1789 is
unconstitutional because it attempts to increase
the power of the Supreme Court without a
Constitutional Amendment
1.
For more read pp. 206-207 in the textbook

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

9. McCulloch v. Maryland
(1819)

Facts of the Case
1. Maryland law required any bank that did not
have the state’s authority (the National
Bank, for example) to issue bank notes on
specially taxed paper.
2. The bank manager, McCulloch, refused to
follow the Maryland state law.

10. McCulloch v. Maryland
(1819)

Constitutional Issues
1. Does the Constitution permit Congress to
charter a bank?
2. Does a state have the power to tax a
corporation established by the federal
government?

11. McCulloch v. Maryland
(1819)

The Court’s Decision (the precedent)
1. The Constitution gives Congress the
authority to create and maintain and
reliable system of currency. (Article I, sec.
8, p. 5)
“…to coin money, regulate the value
thereof, and of foreign coin, and fix
standard weights and measures…”

12. McCulloch v. Maryland
(1819)

The Court’s Decision (the precedent)
1. Although the creating a national bank is not

specifically granted in the Constitution, it is
considered both “necessary” for carrying
out the above power, and a “proper” use of
Congressional power in order to maintain
the value of money.
Yes, the Constitution permits Congress
to charter a bank.

13. McCulloch v. Maryland
(1819)

The Court’s Decision (the precedent)
2. An institution of the federal government


(such as the National Bank) is created by
the wishes and taxes of people in every
state
If one state were to tax a federal institution
it would be like taxing people in every other
state
If every state taxed the National Bank it
would be too expensive to operate and
would destroy the Bank

14. McCulloch v. Maryland
(1819)

The Court’s Decision (the precedent)
2.
No, a state may not tax a corporation of the federal
government.

15. McCulloch v. Maryland
(1819)

What did this mean for Maryland?
 The Maryland law that taxed the National
Bank was unconstitutional

What did this mean for McCulloch?
 He was not in violation of the Maryland law
since the law was unconstitutional

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

17. Gibbons v. Ogden (1824)

Facts of the Case
New York State granted Aaron Ogden
monopoly rights to move people to New Jersey
across the Hudson River (indirectly through
Fulton and Livingston)
2. The federal government a license to Thomas
Gibbons to ship goods across the Hudson
River between New York and New Jersey
3. Ogden obtains an injunction from a NY court
preventing Gibbons from docking in NY.
4. Gibbons sues Ogden claiming the injunction
violates his license to trade.
1.

18. Gibbons v. Ogden (1824)

Constitutional Issue
1. What is considered “commerce”?
2. Can Congress regulate trade? And to what
extent?

19. Gibbons v. Ogden (1824)

The Court’s Decision (the precedent)
1. “Commerce” was defined to include
“navigation” such as shipping on the
Hudson River
2. The Commerce Clause (Article I, sec. 8, p.
3) of the Constitution gives Congress the
authority to regulate trade between states
“… to regulate commerce with foreign
nations, and among the several states,
and with the Indian tribes;”

20. Gibbons v. Ogden (1824)
The Court’s Decision (the precedent)

2.

Congress shares this power with the states, as long as
the state law agrees with the federal law
This enforced the Supremacy Clause (Article 6, sec 2)
“This Constitution, and the Laws of the United
States which shall be made in pursuance thereof;
and all treaties made, or which shall be made, under
the authority of the United States, shall be the
supreme law of the land; and the judges in every
state shall be bound thereby, anything in the
constitution or laws of any state to the contrary
notwithstanding.”

21. Gibbons v. Ogden (1824)
The Court’s Decision (the precedent)

2.
Yes, Congress can regulate trade between the states,
a power that is shared with the states as long as the
states abide by the federal laws.

22. Gibbons v. Ogden (1824)

What did this mean for Gibbons and
Ogden?
1. Both had permission to trade along the
Hudson River.

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

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

25. Questions for Discussion
1.
2.
3.
McCulloch v. Maryland: What
Constitutional Power(s) did this case give
to the Federal Government?
Gibbons v. Ogden: What Constitutional
Power(s) did this case give to the Federal
Government?
Based on your experience with these two
cases, what role does the Supreme Court
play in affecting the relationship between
state and national government?

26. Questions for Discussion
4.
5.
Who was the winner: state or national
government?
To summarize, how would you describe the
role of the Marshall Court in determining
the balance of power between states and
federal government?