Born in Virginia, 1755 Father was personal friend of George Washington

1. John Marshall • Born in Virginia, 1755 • Father was personal friend of George Washington • Served as an officer with General Washington during the Revolution • Marshall served in the Continental Army, first as a lieutenant and then as captain. Enduring the hardships of the winter at Valley Forge (1777-1778)

2. Political Experience • Attended College of William and Mary and became a practicing attorney (1780) • He served in the Virginia House of Delegates for several sessions from 1782-1797

3. 1797- President John Adams convinced John Marshall to serve as an envoy to France, where he became involved in the difficult so-called XYZ Affair. 1800- directed negotiation with France during the Quasi-War with France

4. Upon returning, Adams offered him a seat on the Supreme Court. Marshall declined the offer and chose instead to run for and was elected to the U. S. House of Representatives (1799). May 12,1800, Adams nominated Marshall to the post of Secretary of State. He was confirmed unanimously by the Senate the next day.

5. The Supreme Court came for the first time, in 1800, to the “Federal City,” known now as Washington, D.C. On January 20, 1801, Adams nominated Marshall to be Chief Justice of the United States, and the Senate confirmed the nomination unanimously

6. Marshall was committed Federalist Dominated court for 36 years, long after Federalist party died out.

7. JOHN MARSHALL • Evolves As A Federalist • US troops suffer at Valley Forge • Need a strong govt. to tax which AOC could not • Merchants refused to pay debts to British • Need strong to govt. to demand obedience AOC could not 3. Shay’s Rebellion “mobocracy” • Need a strong govt. to maintain order AOC could not

8. Marshall Evolves As A Federalist 4. French Revolution • Importance of US Govt to maintain order • Controversial: Neutrality/Whiskey Rebellion • Individuals should respect the office of the presidency even if one disagrees with decisions • 6. XYZ Affair • US Govt needed to be powerful enough to command respect from other nations. 7. Kentucky/Virginia Resolutions • States not the final authority over law but SC 8. Appointed as Chief Justice • Increase powers of SC and national govt. 9. Republicans took control of US Congress. • As chief justice, implements Federalist principles.

9. President Jefferson v SCOTUS John Marshall 2nd cousin of Thomas Jefferson.

10. John Adams • On 27 February 1801, while in lame-duck session, • Congressional Federalists passed • Judicial Act 1801 • Justice of the Peace Act. Forty-two judges would be given five-year terms in Washington and Alexandria. One month earlier, on January 20th, he had appointed John Marshall

11. Midnight Appointment to the position of Justice of the Peace in the District of Columbia Petitioned the Supreme Court for a writ of mandamus, or legal order, compelling Madison to show cause why he should not receive his commission. Secretary of State James Madison under Jefferson who blocked the appoints March 5th, 1801

13. MARSHALL'S DECISIONS • Marbury vs. Madison, 1803 • Case: William Marbury, a Federalist and a “midnight appointment” of President Adams, did not receive his commission from Sec. of State, James Madison. Marbury asked the SC to issue a “writ of mandamus” forcing Madison to deliver his commission. • Decision/Reason: Marshall dismissed suit, but in doing so struck down part of Judiciary Act of 1789 because SC had no authority to give Marbury his commission.

17. Fletcher v. Peck (1810) CASEIn 1795, the Georgia state legislature passed a land grant awarding territory to four companies. The following year the legislature voided the law and declared all rights and claims under it to be invalid. In 1800, John Peck acquired land that was part of the original legislative grant. He claimed1796 act passed by the Georgia legislature could not take away property rights gained by land companies under the Yazoo Land Act of 1795. He then sold the land to Robert Fletcher three years later, claiming that past sales of the land had been legitimate. Fletcher argued that since the original sale of the land had been declared invalid, Peck had no legal right to sell the land and thus committed a breach of contract. Could the contract between Fletcher and Peck be invalidated by an act of the Georgia legislature?

18. MARSHALL'S DECISIONS • Fletcher v. Peck (1810) • Case: involved Georgia legislature, bribed, granted 35 million acres in the Yazoo River, Mississippi to private speculators. Next legislature cancelled transaction. Appealed to the Supreme Court. • Decision/Reason: SC concluded a state could not pass legislation invalidating a contract thus protecting property rights against popular pressures. State law cannot impair contracts violates Constitution

19. Dartmouth College v. Woodward, 1819 CASE In 1816, the New Hampshire legislature attempted to change Dartmouth College-- a privately funded institution--into a state university Did the New Hampshire legislature unconstitutionally interfere with Dartmouth College's rights under the Contract Clause?

20. MARSHALL'S DECISIONS • Dartmouth College v. Woodward, 1819 • Case: Involved a law of NH that changed Dartmouth College from a privately chartered college into a public institution • Decision/Reason: SC struck down the state law as unconstitutional, arguing that a contract for a private corporation could not be altered by the state. Upheld the sanctity of contracts and private property.

21. McCulloch v. Maryland (1819) CASE: In 1816, Congress chartered The Second Bank of the United States. The federal bank created a branch in Maryland, and shortly thereafter the state passed a law saying that each bank had to get a license to operate. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. The case presented questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Can states tax federal institutions?

23. MARSHALL'S DECISIONS • McCulloch v. Maryland(1819) • Case: The state of MD tried to collect a tax from the Second Bank of the United States • Decision/Reason: Using a loose interpretation of the Constitution, Marshall ruled that the federal government had the implied power to create the bank (which was in question)

24. Gibbons v. Ogden (1821) Case: New York state law gave two individuals the exclusive right to operate steamboats on waters within state jurisdiction. Among the people who had permission to do business under this monopoly was Aaron Ogden and Robert Fulton. In this case a steamboat owner (Gibbons) who did business between New York and New Jersey challenged the monopoly that New York had granted, which forced him to obtain a special operating permit from the state to navigate on its waters. Thomas Gibbons wanted to use the New York waterways for his business. He had been given federal permission to do so. He was denied access to these waterways by the State of New York, which cited its law as enforcement. Did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce?

26. MARSHALL'S DECISIONS • Gibbons v. Ogden(1821) • Case: NY state granted a monopoly to a steamboat company that conflicted with a charter authorized by Congress • Decision/Reason: Marshall ruled NY monopoly was unconstitutional, establishing the federal government broad control of interstate commerce. Congress regulates commerce.

27. Martin v. Hunter’s Lessee (1816) CASE : Lord Fairfax held land in Virginia. He was a Loyalist and fled to England during the Revolution. He died in 1781 and left the land to his nephew, Denny Martin, who was a British subject The following year, the Virginia legislature voided the original land grant and transferred the land back to Virginia. Virginia granted a portion of this land to David Hunter. The Jay Treaty seemed to make clear that Lord Fairfax was entitled to the property. Hunter says VA had taken the land and disposed of it prior to the treaties between the US and England that protected ownership rights of British citizens who owned land in the US. / land dispute Does SCOTUS have the power to review state court judgments?

28. Shaping the Government MARSHALL'S DECISIONS • The Supreme Court declared that Fairfax was so entitled, but the Virginia courts, where the suit arose, refused to follow the Supreme Court's decision.

29. MARSHALL'S DECISIONS • Cohens v. Virginia(1821) • Case: In VA, the Cohens were convicted of selling Washington, D.C. lottery tickets authorized by Congress. • An act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the states and the national government. Did the Supreme Court have the power under the Constitution to review the Virginia Supreme Court's ruling?

30. Decision/Reason: Marshall declared the lottery ordinance a local matter and concluded that the Virginia court was correct to fine the Cohens brothers for violating Virginia law. • Marshall upheld the conviction. • Case established the principle that the SC could review a state court’s decision involving any of the powers of the federal government. Court held that the Supreme Court had jurisdiction to review state criminal proceedings. Marshall argued that state laws and constitutions, when repugnant to the Constitution and federal laws, were "absolutely void."

31. Final Years….. John Marshall died on July 6, 1835 in Philadelphia. On July 8, while tolling for the funeral procession of the Great Chief Justice, the historic Liberty Bell cracked. Since then, the great bell has been on display but has never rung again. Marshall’s body was brought back to Richmond and laid next to that of his beloved wife in Shockoe Hill Cemetery