The Marshall Court

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Stony Brook University *

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104

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Political Science

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Apr 3, 2024

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docx

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2

Uploaded by BrigadierEnergy13667

Watch the Videos and answer and complete the following questions 1) John Marshall and Federalism https://ny.pbslearningmedia.org/resource/bf09.socst.us.const.marshvw/marshalls-view-of- federalism/ According to the video, what influenced John Marshall’s beliefs about federalism? John Marshall's service as a young infantry officer in the Revolutionary War influenced his beliefs about federalism. He was traumatized when George Washington begged the states for provisions, but to no avail. The Continental Army was nearly destroyed by the indifference of the states. The Continental Congress was powerless to help. The greatest danger to a strong union, as he saw it, would be the state legislatures, which were too likely to be swayed by the people's fleeting and irrational passions. 2)McCulloch v Maryland https://ny.pbslearningmedia.org/resource/bf09.socst.us.const.nation.mccmary/mcculloch-v- maryland-1819/ A) Main facts of the case The bank had been chartered by Congress to work toward a more uniform system of currency and credit. Despite its name, the Bank of the United States was not a public entity, but a profitable monopoly controlled by private stockholders. It also competed with state and local banks. And in 1818, when the nation slid into economic depression, the Bank of the United States was the obvious scapegoat. Maryland decided to, to, fight back. So they passed a bill which taxed the Bank of the United States and its Baltimore headquarters. The cashier of the Baltimore branch -- a man named James McCulloch -- refused to pay the tax because the bank was part of the government. B) Constitutional Issue The right of Congress to create a national bank. C) Decision and reasoning of the Court The state of Maryland sued McCulloch in a Maryland court, and won. McCulloch appealed to the United States Supreme Court. John Marshall declared the U.S. Bank constitutional by invoking the Hamiltonian doctrine of implied powers. 3)Gibbons v. Ogden https://www.youtube.com/watch?v=XvyqfJ1nhNM D) Main facts of the case
A New York state law gave Robert R. Livingston and Robert Fulton a 20-year monopoly over navigation on waters within state jurisdiction. Aaron Ogden and other competitors tried to forestall the monopoly, but Livingston and Fulton largely succeeded in selling franchises or buying competitors’ boats. Thomas Gibbons -- a steamboat owner who did business between New York and New Jersey under a federal coastal license – formed a partnership with Ogden, which fell apart after three years when Gibbons operated another steamboat on a New York route belonging to Ogden. Ogden filed suit against Gibbons in New York state court, and received a permanent injunction. The New York state court rejected Gibbons’ argument asserting that the U.S. Congress controlled interstate commerce. E) Constitutional Issue Congress regulates interstate commerce. F) Decision and reasoning of the Court Chief Justice Marshall's opinion carried out the clear original intent of the Constitution to have Congress, not the states, regulate interstate commerce. Summary: In what ways did Marshall act to keep the Federalist vision alive even after they had been defeated politically? Is that a good thing for democracy? John Marshall established the principle of "judicial review" whereby Congressional laws and executive actions may be judged by the Supreme Court to be within the bounds of the Constitution. In keeping with John Marshall's Federalist views, he generally favored strong government action and especially supported the supremacy of the federal government over state authorities. This is a good thing for democracy because it limits the power of the state legislatures, which are too likely to be swayed by the people's fleeting and irrational passions.
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