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Transcript of Judicial Nationalism
During more than 30 years of chief Justice, John Marshall continued to build the supreme court into a powerful, independent, branch of government. Hence, our attention is brought to Chief Justice John Marshall, in the case of Marbury v. Madison. The case gave the justice his first opportunity to state what the government, under the constitution of the United States, should do for the American people. McCulloch vs. Maryland In the 1819 Supreme Court case of McCulloch vs. Maryland the Supreme Court ruled that the state of Maryland did not have the power to tax a federal bank. This case was brought to the Supreme Court because, Maryland tried to impose a tax on the Baltimore branch of the Second Bank of the United States. However, this was a national bank, and Supreme Court Chief Justice John Marshall stated that the Constitution gave the federal government the power to collect taxes, to borrow money to regulate commerce, and to raise armies and navies. The national bank helped the federal government exercise these powers. The Supreme Court made a ruling that the state of Maryland was not allowed to impose a tax on an institution created by Congress. Chief Justice John Marshall concluded that the "necessary and proper" clause allowed the federal government to use its powers in any way not specifically prohibited by the Constitution. This case helped to establish the courts ability make a ruling that is not specifically prohibited by the Constitution, but is neither allowed. Gibbons vs. Ogden The dispute in Gibbons concerned competing claims of rival steamship franchises. The state of New York gave Aaron Ogden an exclusive license to operate steamboat ferries between New Jersey and New York City on the Hudson River. Thomas Gibbons, another steamboat operator, ran two ferries along the same route. Ogden sought an injunction (order requiring a person to do a particular act or to refrain from doing a particular act) against Gibbons in a New York state court, claiming that the state had given him exclusive rights to operate the route. In response, Gibbons claimed he had the right to operate on the route according to a 1793 act of Congress regulating coastal commerce. The New York court found for Ogden and ordered Gibbons to cease operating his steamships; on appeal, the New York Supreme Court affirmed the order. Gibbons appealed to the U.S. Supreme Court, which reviewed the case in 1824.
Source 1 The Supreme Court declared the case unconstitutional. According to the court, Marshall stated that the state legislature went too far in granting the original monopoly. The Constitution gave the federal government control over interstate commerce, which the court implied to include all trade along the coast or on waterways dividing the states. However, that state can, regulate commerce within its own borders. Marshall defined interstate commerce in a way that went beyond the exchange of goods between states in the ruling, by granting anything crossing state boundaries came under federal control, Marshall ensured that federal law would take precedence over state law in interstate transportation.