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Transcript of AP Government
Federal and state government during this era During this time period, however, the federal government gained a great amount of power. This was caused because the Supreme Court was headed by Chief Justice John Marshall. John Marshall was a Federalist who advocated a strong central government. He wanted the federal government to become stronger, and therefore ruled in favor of the federal government in many of the cases. -These parties became known as the Federalists and Anti Federalists. John Marshall was an adamant federalist who through court cases made the federal government strong Carried out by John Marshall and the Judiciary Branch In Gibbons v. Ogden, Marshall emphasized that the power to regulate interstate commerce was an exclusive national power. Marshall’s expansive interpretation of the commerce clause allowed the national government to exercise increasing authority over all areas of economic affairs throughout the land. Gibbons v. Ogden Two examples of this is Gibbons v. Ogden and McCulloch v. Maryland. In McCulloch v. Maryland Marshall ruled that if establishing a national bank aided the national government in the exercise of its designated powers, then the authority to set up such a bank could be implied. The Marshall Court established the doctrine of national supremacy with this court case. States Rights was quite the issue during this
time. This era saw the beginnings of arguments
that thirty years from now would spark the Civil
War. McCulloch v. Maryland Election of 1800 -Thomas Jefferson wins the election, effectively
kicking most federalists out of higher office.
-John Adams, however, during the lame duck period, replaced supreme court justices with new Federalists, including John Marshall. FEDERALISM AND THE MARSHALL COURT Describe the defining characteristics of this era of federalism. Early Marshall foundation -Marbury v. Madison was one of the earliest of Marshall's court cases, and helped to set the newfound Federalist tone in the judicial branch.
-The result of this case cemented the idea of judicial review, paving the way for more federalist innovations among Marshall cases. At the turn of the eighteenth century the supreme court and the judicial branch in general were nearly powerless compared to the other two branches of government. The Marshal courts greatly extended the powers of the judicial branch and gave the supreme court the first say on what was constitutional. After the debate over the constitutionality of the first national bank new debates made appearances on the issues of state vs. national government in this period. The new powers of the Judicial branch were bestowed after the decision in the Marbury vs. Madison. The case set the precedent for the supreme court to ratify laws from congress that are deemed unconstitutional. This ability is called "Judicial Review". The case made it clear that the constitution was left in the hands of the Judicial branch. McCulloch vs. Maryland Maryland disagrees with the constitutionality of the National bank so they challenge the government by taxing the bank. Marshal stated that the elastic clause was the defense for the bank because the bank agreed with the motives of the constitution. Furthermore, Marshal ruled on national supremacy stating that national government was supreme over state government. Dartmouth vs. Woodward This case occurred when New Hampshire tried to make Dartmouth college a state college which went against the contract the college had as a private school. Case weakens state power as Supreme court rules that states cannot break private contracts. This period in history made certain the need for constant change in the constitution. As fights went on over what was and what was not constitutional the Judicial branch found a place in the american political system.