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John Marshall Case

Essay by   •  December 9, 2012  •  Case Study  •  657 Words (3 Pages)  •  1,485 Views

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In the 1800's there were court cases taken to the Supreme Court that would strengthen the national government and these cases gave more jurisdiction to the Supreme Court. It wasn't the cases exactly that strengthened the national government, but it was the Decision of John Marshall, the chief justice at the time. John Marshall decided the outcome of four key court cases that would define the jurisdiction of the Supreme Court and the strength of the federal government. These Court cases are known as Marbury vs. Madison, Mccolloch vs. Maryland, Gibbons vs. Ogden, and Dartmouth College Trustees vs. Woodward.

During the end of John Adams presidency he appointed many judges for all the different levels of the courts. Marbury was one of the appointed judges, however John Adams term had ended before Marbury received his commission. Thomas Jefferson told James Madison not to send any more commissions if they have not yet been sent. Marbury thought it was his right to be appointed so he took the case to the Supreme Court petitioning for the "Writ of Mandamus" against James Madison. The court determined he had the right to his commission but they could not force it being given to him. This case strengthened the Federal Government under John Marshall because it made the Judicial branch more co-equal with the legislative and executive branches, the court could now really declare whether a law passed by congress is constitutional or not constitutional.

In 1819 the second bank of the United States was created. Maryland decided that all banks that were in Maryland should be taxed. Mcculloh who was the head of the bank in Baltimore refused to pay the tax. The case was taken to court and Maryland argued that banks were not specified in the constitution and had no right to be established in Maryland. The case would later be appealed to the Supreme Court where they dictated that Congress did indeed have the power to create a National Bank. This case increased the power of the federal government because it gave the Supreme Court the ability resolve cases between state and federal issues on the matter of implied powers that congress had.

In the 1800's steamboats became a common way for trade. There were many laws and most states would not let you into their borders. Gibbons and Ogden had worked together for a year trying to undermine the steamboat monopoly of Livingston and Fulton. They ended up going separate ways and meeting each other in court. Ogden complained that Gibbons didn't have the right to use the waters he was for traveling and Ogden won at the state level. Gibbons appealed to the Supreme Court and he would end up winning his case. This case strengthened the national government because it would allow the legislative branch to use implied powers.

In New Hampshire in the year of 1819, the governor of New Hampshire assumed the ability that he could appoint whoever he wanted for the position of



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