THE MARSHALL COURT

DEFINING THE ROLE OF THE FEDERAL GOVERNMENT

OBJECTIVES:
THE ROLE OF GOVERNMENT
TWO PARTIES IN EARLY 1800S
Americas two political parties were divided on this question

Federalists
Supported a strong federal government
Believed the Constitution should be loosely interpreted

Democratic-Republicans
Supported the power of state governments over the federal
government
Believed the Constitution should be strictly interpreted
JOHN MARSHALL
RESPOND: PRIOR KNOWLEDGE
Quick-Write (in your notes):
What is the job of the Supreme Court?
How does the Supreme Court interact with the other
branches of government?

2 minutes
Marbury was appointed to be a judge
by John Adams before he left office
James Madison, the new secretary of
state under Jefferson, refused to
deliver Marburys appointment
He disagreed with Marburys political
beliefs
Marbury could not begin his job, so he
sued
The case went to the Supreme Court
MARBURY V. MADISON
THE DECISION: MARBURY V. MADISON (1803)
IMPACT OF MARBURY V. MADISON (1803)
IMPACT OF MARBURY V. MADISON (1803)
This was the first time the Supreme Court had claimed the
power of judicial review.
If a law was unconstitutional, it could not take effect.
The judicial branch could review laws to make sure the
Constitution was upheld.
This responsibility provided a balance for the powers of
Congress.
MCCULLOCH V. MARYLAND (1819)
TWO IMPORTANT QUESTIONS:
Does Congress have the power to act in ways not
spelled out in the Constitution?

Which is supreme, the federal government or the
state government?
THE DECISION: MCCULLOCH V. MARYLAND (1819)
IMPLIED POWERS
IMPLIED POWERS TODAY
GIBBONS V. OGDEN (1824)
THE DECISION: BIGGONS
REGULATING COMMERCE
APPLICATION IN THE NEWS TODAY
Read the article published by Alaska Dispatch yesterday.
Consider:
How does this demonstrate judicial review?
How does this demonstrate federal supremacy?