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Marshall Court

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on 6 January 2014

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Transcript of Marshall Court

Por Jack Pattison, Jonah Levine, Jamie Dinulos
How Effective was the Marshall Court in expanding the rights and powers of the judicial branch, the national government, and free enterprise system?
Dartmouth v. Woodward
Free Enterprise
McCulloch vs. Maryland
National Government
Marbury v. Madison
William Marbury was appointed Justice of the Peace in 1801.
His commission was not paid by James Madison
Marbury petitioned the Supreme Court through a Writ of Mandamus
Filed a a petition for the write of mandamus directly to the Supreme Court
Second National Bank of the US opens Baltimore branch w/ James McCulloch as president of branch
Maryland state govt. passed bill taxing all notes coming out of all banks not chartered in Maryland
worded so as to include a wide range of banks, but the only non-state-chartered bank in Maryland at the time was the National Bank
McCulloch: Maryland state govt. is impeding federal govt. action
Maryland: constitution doesn't mention National Bank, so National Bank is unconstitutional
N.H. = Wanted it to be state not private because it was made by England
DARTMOUTH = Contracts Regardless how old they are
Believed in the Sanctity of contracts
It broke Contract Clause in Constitution
Dartmouth v. Woodward - Issue
Marshall found the Judiciary Act of 1789 in conflict with the constitution,
Therefore Marbury had no basis for his appeal
The supreme court said that there was no way for Marbury to get his appointment from Madison
The Decision
Congress can create bank because:
historical authority: history of 1st Natl. Bank give credibility 2nd
federal govt. has supreme power: states can't tax federal institutions b/c federal govt. is ultimate sovereign
implied powers: Constitution doesn't specifically establish power to create banks, but this does not mean that Congress is forbidden to
Necessary and Proper Clause: clause in Constitution that Congress can do anything (not specifically forbidden by Constitution) to further an objective that falls within their jurisdiction
Dartmouth won and it stayed private
Good for the economy
Good for business
Would have lead to anarchy
Dartmouth v. Woodward - Decision
Marshall Court 1801-1835
Judicial Branch
Marbury's Argument
The Judiciary Act of 1789 granted the Supreme Court power over writs of mandamus,
Big Effect
Established the judicial review
Gibons v. Ogdon
Gibbons v. Ogdon - Issue
Ogden = Wanted to restrict Gibbons from the waters
Believed that State should have concurrent power with congress on commerce issues
Gibbons = Wanted to continue to trade on New York waters
Believed that congress should have exclusive power over commerce issues
Article I, Section 8 in constitution

Gibbons v. Ogdon - Decision
Court of New York ruled in favor of Ogden
Gibbons appealed to supreme court
Argued again that NY monopoly conflicted fed law
Ruled in favor of Gibbons
Showed that monopolies conflict with fed law and that they cannot exist
1. Kelley, Rich. "John Marshall: Writings." Library of America Interviews. N.p.,
n.d. Web. 19 Dec. 2013. <http://www.loa.org/images/pdf/
LOA_Hobson_on_Marshall.pdf>. This is a secondary source because it is an
interview of a historian and he is expressing his opinions based off of the
primary documents he has read. I learned from this sight that in McCulloch,
the Court wisely passed on the invitation to strike down the act
incorporating the SecondNational Bank.
2.Trustees of Dartmouth Colege v. Woodward. 518 L. Ed. Supreme Court of the US.
1819. Print. This is a primary source because it is a direct transcript
that was recorded during the court case. I learned from this that the
Dartmouth trustees were arguing that they wanted to keep Dartmouth a
private institution and Woodward wanted to make it a public institution.
The Dartmouth trustees were arguing that Woodward was breaking the contract
clause in the constitution and that just because the contract was made by
England doesn't give people the right to disobey it.
Annotated Biblio
3. Gibbons v. Ogdon. 22 US. Supreme Court of the US. 1824. Print. This is a primary
source because it is a direct transcript that was written during the court
case. I learned from this source that Ogdon believed that the state should
have concurrent power with the government on issues regarding commerce.
Gibbons argued that this thought broke Article I, Section 8 in constitution
stating that congress has control over commerce regulations

Overall Impact
Marshall Court was effective in expanding the right and powers of the free enterprise system
Dartmouth v. Woodward helped with Contracts and their sanctity
Gibbons v. Ogdon helped with monopolies
Marshall Court was effective in expanding the right and powers of the Judicial System
5. "University of Pennsylvania Law Review." Defining the Office: John Marshall As Chief Justice 154 (2006): 1426-428. Web. 19 Dec. 2013. <http://www.jstor.org/stable/40041344 .>. This is a secondary source because it is a law review made by a historian and lawyers to show their opinions about the case. I learned from this article that John Marshall was the first person to even think about having Judicial Review, I also learned that Marbury v. Madison was the reason that Judicial Review came about.
4. "M'CULLOCH v. STATE OF MARYLAND." LII. Cornell University Law School, n.d. Web. 18 Dec. 2013. <http://www.law.cornell.edu/supremecourt/text/17/316>.Secondary source. Syllabus of Cornell Law School course. Learned from this source the background information of the case, the arguments of both sides, the Supreme Justice's decision, and the reasoning behind that decision.
6. McCulloch v. Maryland. Supreme Court. Feb. 1891. OurDocuments.gov. N.p., n.d. Web. 17 Dec. 2013. <http://www.ourdocuments.gov/doc.php?flash=true&doc=21&page=transcript#>.Primary source, transcription of the court decision written by John Marshall himself. Learned from this the basis of the Supreme Court's opinion on the case.
7. "Marbury v. Madison 1803." Supreme Court of the US, n.d. Web. 18 Dec. 2013. <http://www.ourdocuments.gov/doc.php?flash=true>. This is a primary source because it is a transcript of the court cause of Marbury v. Madison. I learned that the reason the appeal of Marbury could not go through was because it was no in the power of the Supreme Court. I also learned that the exact dates of the case.
Marbury v. Madison created Judicial review, giving the Supreme Court the power to say what is and isn't constitutional
Marshall Court was effective in expanding the right and powers of the National Government
McCulloch v. Maryland showed that the federal government had ultimate power
Thesis: The Marshall court was very effective in expanding the rights and powers of the judicial branch, the national government and free enterprise system.
Striech, Michael. Marbury v. Madison. Digital image. Decodedpast. N.p., 9 May 2013. Web. 5 Jan. 2014. <http://decodedpast.com/assets/Marbury_v_Madison_John_Marshall_by_Swatjester_crop.jpg>.
Digital Image
Yurtgc548. Dartmouth v. Woodward. Digital image. DocStoc. N.p., 13 Aug. 2013. Web. 5 Jan. 2014. <http://www.docstoc.com/docs/159755942/Dartmouth-College-v-Woodward-1819>.
Manske, Magnus. James McCulloch. Digital image. Wikipedia. N.p., 26 Apr. 2008. Web. 5 Jan. 2014. <http://en.wikipedia.org/wiki/File:Jamesmcculloch.jpg>.
Gibbons v. Ogden. Digital image. John Marshall. Weebly, n.d. Web. 5 Jan. 2014. <http://sawilsqua.weebly.com/gibbons-v-ogden.html>.
Full transcript