The Marshall Court &The Last Stand of the Federalists

A Reminder of the Election of 1800

“I shall…by the establishment of republican principles…sink federalism into an abyss from which there shall be no resurrection.” -Jefferson

With their victory in the Election of 1800, the Democratic-Republicans controlled the executive and legislative branches of government, thus giving them an incredible amount of control over policymaking.

Last Gasp for the Federalists

After their loss in 1800, a political “doomsday” was quickly approaching for John Adams and the Federalist Party.

Adams and Congress were “lame ducks” – since they were outgoing, they used the time between the election (November) and Jefferson’s inaugural (March) to meet and pass laws.

Those laws benefitted the interests of the Federalist Party.

Last Gasp for the Federalists

Article III, Section 1of the Constitution

“The judicial power of the United States, shall be vested in one Supreme Court, and in

such inferior courts as the Congress may from time to time ordain and establish.”

The Judiciary Act of 1801A.K.A. – The “Midnight Judges” Act

One of the lame duck laws passed by the Federalist dominated Congress.

It would appoint sixteen new federal judges to be appointed by Adams, all with lifetime appointments.

These circuit judges would be able to undermine Jefferson and the Democratic-Republicans from the judicial branch.

Marbury v. Madison – The Key Players

JOHN MARSHALL

WILLIAM MARBURY JAMES MADISON

• Federalist• Secretary of State for Adams• Midnight Appointment himself• The new Chief Justice of the

Supreme Court

• Federalist• Midnight Judge

whose appointment was not delivered in time by the Adams administration

• Secretary of State for Jefferson

• Represented gov’t – appointment of Marbury should not stand

Marbury v. Madison – The Decision

• At Issue – Judiciary Act of 1789 was unconstitutional; Congress could not give Supreme Court its power, only the Constitution could

• Bigger Picture – Supreme Court has power of judicial review – could overrule a law if found to be unconstitutional; Constitution is “the Supreme Law of the Land”

From The Federalist, No. 78Alexander Hamilton

“The judiciary, from the nature of its functions, will always be

the least dangerous to the political rights of the

Constitution…”

Marbury v. Madison – The DecisionJUDICIAL REVIEW

In the words of John Marshall

“It is emphatically the province and duty of the judicial

department to saw what the law it.”

“The Supreme Court can declare laws to be unconstitutional.”

Marbury v. Madison (1803)

Comparing Thomas Jefferson & John Marshall

Strong Central Government FEDERALISM States’ Rights

Loose Constructionist INTERPRETATION OF CONST. Strict Constructionist

Constitutional NATIONAL BANK Unconstitutional

Commerce Dominated ECONOMIC PURSUIT Agriculture Dominated

Marbury v. MadisonThe Supreme Court

WHO INTERPRETS CONSTITUTION

Kentucky ResolutionsThe States

JOHN MARSHALLFederalist

THOMAS JEFFERSONDemocratic-Repub.

Marshall’s Decisions – McCulloch v. Maryland

McCulloch v. Maryland (1819)

Maryland had placed a tax on the Bank of the United States. In protest, the Bank of

the United States sued Maryland.

SUPREMACY CLAUSEArticle 6, Section 2 of the Constitution makes the national government’s

laws “supreme”

ELASTIC CLAUSEArticle 1, Section 8 of the

Constitution grants Congress power to carry out enumerated powers

IMPLIED POWERSPower not given to the national gov’t, but are necessary & proper to

carry out expressed powers

Marshall Court decides in favor of the Bank…

Marshall’s Decisions – McCulloch v. Maryland

“The power to tax involves the power to destroy.”

John MarshallMcCulloch v. Maryland

Marshall’s Decisions – Gibbons v. Ogden

Gibbons v. Ogden (1824)

State of New York held that they power to grant licenses for ferries on the Hudson

River; dispute questioned that

COMMERCE CLAUSE

Article 1, Section 8 of the Constitution gives Congress the power to regulate all interstate

commerce

Marshall Court decides in favor of the national government

“The Congress shall have Power To regulate Commerce with foreign Nations, and among the several States…”

Article 1, Section 8

The Common Thread of Marshall’s Decisions

McCulloch v. Maryland

Gibbons v.Ogden

In the case of federalism, Marshall’s court sided with the power of the national government over that of

the state governments,

The Marshall Court:

Using Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden as guides, determine whether Chief Justice John Marshall would “Like” or “Dislike” the following items.

NOTE: This exercise is based on the Facebook news feed. At no point does the author assert that the format is original. NOT INTENDED FOR COMMERCIAL USE

GAME TIME!!!

The “Elastic Clause”The Constitution The Congress shall have Power…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. (Art I, Sec 8.18)1787 · Comment · Like

likes this.John Marshall

Thomas Jefferson Resolved, That the several States composing, the United States of America… by a compact under the style and title of a Constitution for the United States… constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government…

1798 · Comment · Like

Strict Construction

dislikes this.John Marshall

Alexander Hamilton Every power vested in a Government is in its nature sovereign… which are not precluded by restrictions and exceptions specified in the constitution, or not immoral, or not contrary to the essential ends of political society.

23 Feb 1791 · Comment · Like

http://press-pubs.uchicago.edu/founders/documents/a1_8_18s11.html

Loose Construction

likes this.John Marshall

James Madison The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.

1788 · Comment · Like

http://en.wikisource.org/wiki/The_Federalist_Papers/No._45

States’ Rights

John Marshall dislikes this.

Alexander Hamilton A National Bank is an Institution of primary importance to the prosperous administration of the Finances, and would be of the greatest utility in the operations connected with the support of the Public Credit....

1790 · Comment · Like

http://en.wikipedia.org/wiki/Second_Report_on_Public_Credit

likes this.John Marshall

The National Bank