John Marshall + Landmark Cases of the 1800s

https://docs.google.com/document/d/1mCJGMF_X6dTFYQwgugP0wpCPGNyDX013QSfaJ99AiT8/edit?tab=t.0

John Marshall was born in..?

Virginia in 1755

During the American Revolution, John Marshall served as an officer under what general?

George Washington

What college did John Marshall attend prior to becoming a practicing attorney?

College of William and Mary

John Marshall was 2nd cousin to what US president?

Thomas Jefferson

In 1800, who appointed John Marshall as Chief Justice of the Supreme Court?

John Adams

During his time as Chief Justice, what principles did Marshall’s rulings favor?

Favored the central government & rights to property

• Note: Justices appointed by Democratic-Republican presidents tended to side more with Marshall’s POV because they were persuaded the US Constitution created a federal government with strong and flexible powers (loose interpretation of Constitution)

Why was John Marshall such a significant Chief Justice?

He was involved in several “landmark” cases that established precedents for how the country should be governed

• Supreme Court needed to interpret multiple laws to set these precedents to follow in the future

What landmark case involved Thomas Jefferson forbidding his Secretary of State from delivering one of John Adams’ “midnight” judge’s commission papers?

Marbury v. Madison (1803)

Marbury v. Madison (1803)

Did it deal with Judicial Authority, National Supremacy, or Property Rights?

Judicial Authority

• Established principle of Judicial Review

Marbury v. Madison (1803)

What is Judicial Review?

The Supreme Court has the authority to review acts of Congress and determine their constitutionality

Marbury v. Madison (1803)

What did the court rule in reference to Marbury’s right to his judicial appointment?

The Supreme Court concluded that Marbury was entitled to his judicial appointment

Marbury v. Madison (1803)

What did the court rule in reference to Marbury’s request for a writ of mandamus to be issued to Madison?

Supreme Court couldn’t issue a writ of mandamus because it was unconstitutional (it gave the Supreme Court more power than the Constitution allowed)

• Mandamus: a court order compelling a government official or body to perform a specific, legally required duty

What landmark case involved the illegal selling and purchase of fraudulent land due to the Georgia legislature taking bribes from a group of land speculators?

Fletcher v. Peck (1810)

Fletcher v. Peck (1810)

Did it deal with Judicial Authority, National Supremacy, or Property Rights?

Property Rights

Fletcher v. Peck (1810)

What does the Contract Clause do?

It prevents states from passing laws that compromise the fulfillment of a contract

• This clause proved that Georgia’s repeal of the act invalidating the initial selling of the fraudulent land to Peck was unconstitutional

What landmark case was the first time the Supreme Court asserted its right to invalidate state laws/declare a law to be unconstitutional or invalid?

Fletcher v. Peck (1810)

• Georgia’s repeal of the act in 1795 invalidating the initial corrupt selling of the land to Peck was declared unconstitutional since it violated the Contract Clause

• Although Peck’s contract dealing with his purchase of the land was illegal, it was still a contract that needed to be upheld

Fletcher v. Peck (1810)

What did the Court rule in reference to the state having the power to invalidate/override a contract?

The state did NOT have the power to legislate their way out of a contract, or “impair contracts”

What landmark case involved the returning of land previously confiscated by the colonies during the Revolutionary War back to its original loyalist owners?

Martin v. Hunter’s Lease (1816)

Martin v. Hunter’s Lease (1816)

Did it deal with Judicial Authority, National Supremacy, or Property Rights?

Property Rights

Martin v. Hunter’s Lease (1816)

What was “compact theory”?

The Constitution was a “compact” (or agreement) between states and the federal government, and were therefore equal

Martin v. Hunter’s Lease (1816)

What is the Supremacy Clause?

The US Constitution and the laws & treaties made along with it are the supreme law of the land, and were sovereign over the states

• This established that the Treaty of Paris 1783 presided over Virginia’s rulings

Martin v. Hunter’s Lease (1816)

What were the two treaties that the Virginia Supreme Court sought to disregard?

Treaty of Paris 1783

Jay’s Treaty (1784)

Martin v. Hunter’s Lease (1816)

What did the Court rule in reference to “compact theory” and the returning of loyalist land to its original owners?

Compact Theory was rejected

The Treaty of Paris 1783 was upheld—all loyalist land was returned back to their original owners

What landmark case involved a state’s changing of a college’s charter by changing it from a private to a public institution without the college’s consent?

Dartmouth College v. Woodward (1819)

Dartmouth College v. Woodward (1819)

What alumnus represented Dartmouth College?

Daniel Webster

Known For:

• Strong defense of the Union

• Advocacy for a strong federal government

• Negotiation of the Webster-Ashburton Treaty

• Involvement in the Compromise of 1850

Served as Secretary of State Under:

• William Henry Harrison

• John Tyler

• Millard Fillmore

Dartmouth College v. Woodward (1819)

Did it deal with Judicial Authority, National Supremacy, or Property Rights?

Property Rights

Dartmouth College v. Woodward (1819)

What does the Contract Clause do?

It prevents states from passing laws that compromise the fulfillment of a contract

• This clause prevented New Hampshire from altering Dartmouth’s charter

Dartmouth College v. Woodward (1819)

What did the Court rule in regards to New Hampshire’s authority over the charter King George III issued to Dartmouth?

A contract for a private corporation cannot be altered by the state. Therefore, New Hampshire’s changing of Dartmouth’s charter was unconstitutional as it violated the Contract Clause.

• Note: Dartmouth’s charter was viewed as a contract with King George III

Dartmouth College v. Woodward (1819)

What were the positive & negative effects of the court ruling which upheld the Contract Clause?

Positives

• Safeguarded business from domination by the states

• Assured economic development and encouraged investment in corporations

• Set a precedent for the Supreme Court’s overturning acts of state legislatures and state courts

Negatives

• set precedent giving corporations the ability to escape government control

  • Businesses & private institutions allowed to operate with greater legal protection against state regulations + had less government interference

What landmark case involved a state’s attempt to tax its branch of the US National Bank, and questioned the constitutionality of the Bank’s existence?

McCullloch v. Maryland (1819)

McCulloch v. Maryland (1819)

Did it deal with Judicial Authority, National Supremacy, or Property Rights?

National Supremacy

McCulloch v. Maryland (1819)

What is the Supremacy Clause?

The US Constitution and the laws & treaties made along with it are the supreme law of the land, and were sovereign over the states

• This clause denied Maryland’s power to tax its branch of the National Bank

McCulloch v. Maryland (1819)

What is the Necessary & Proper Clause?

Congress has the power to make all the laws necessary and proper for it to execute the foregoing powers and other powers in the Constitution

• This clause proved that the National Bank was constitutional (aka “Hamilton’s doctrine”)

McCulloch v. Maryland (1819)

Marshall claimed that the power to tax was the power to…?

The power to tax was the power to destroy.

He also said that the “power to create implies the power to preserve”.

McCulloch v. Maryland (1819)

What did the Court rule in reference to the constitutionality of the National Bank, and Maryland’s right to tax its branch of it?

The National Bank was constitutional

Maryland didn’t have the legal power to tax its branch of the National Bank

What landmark case involved the illegal selling of lottery tickets, with the people involved (as they were being prosecuted by the state) claiming they were protected by a federal law?

Cohens v. Virginia (1821)

Cohens v. Virginia (1821)

Did it deal with Judicial Authority, National Supremacy, or Property Rights?

National Supremacy

Cohens v. Virginia (1821)

What is the Supremacy Clause?

The US Constitution and the laws & treaties made along with it are the supreme law of the land, and were sovereign over the states

• Although the Supreme Court upheld the Cohens’ conviction, it was reinforced that they presided over state laws & courts

Cohens v. Virginia (1821)

What did the Court rule in reference to the Cohens’ conviction, and the state’s right to the authorization of purchases and sales?

The Supreme Court upheld the Cohens’ conviction

The state had a right to authorize purchases and sales

What landmark case involved a dispute over steamboat navigation rights on an interstate trade route between a steamboat operator with a state-granted monopoly and another operator with a federal license?

Gibbons v. Ogden (1824)

Gibbons v. Ogden (1824)

Did it deal with Judicial Authority, National Supremacy, or Property Rights?

National Supremacy

Gibbons v. Ogden (1824)

What is the Commerce Clause?

Only Congress has the power to regulate trade between states (aka interstate commerce)

• This gave Congress the full authority to decide who would take control of this steamboat trade route

Gibbons v. Ogden (1824)

What did the Court rule in reference to the constitutionality of the monopoly given to Ogden, and who would preside over controlling interstate commercial routes?

The monopoly granted from Ogden from the state of NY was deemed unconstitutional since it violated a 1793 act of Congress

Interstate rivers (the Hudson River, in this case) were to be regulated by Congress, not the individual states

What landmark case involve a state’s attempt to impose its laws on Native American lands, stating that non-natives were banned from entering Native territory to prevent the illegal mixing of the two “races”?

Worcester v. Georgia (1832)

Worcester v. Georgia (1832)

Did it deal with Judicial Authority, National Supremacy, or Property Rights?

Property Rights

Worcester v. Georgia (1832)

Why was this case called the “Trail of Tears” case?

President Jackson ignored the court ruling in this case that established the precedent that Georgia couldn’t enforce its laws on Cherokee land when he forced the Cherokee to relocate to Oklahoma through the Trail of Tears

• Jackson used Indian Removal Act

Worcester v. Georgia (1832)

What did the Court rule in reference to the Cherokee being considered as a “sovereign nation”, and the enforcement of state laws on lands belonging to the Cherokee?

The Cherokee were deemed a “separate nation” that could only be negotiated with through the federal government

Georgia did not have the right to pass laws ruling over the Cherokee