1 / 5

John Marshall

Chief Justice of the US Supreme Court 1801 -1835. John Marshall.

zoe-bowen
Download Presentation

John Marshall

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chief Justice of the US Supreme Court 1801 -1835 John Marshall There was a big discussion between two groups. Those who believed that the Constitution must be strictly followed were called strict constructionist. They believed Congress could only do what was expressly written in the Constitution. Those who believed that Congress had more powers thanks to the Necessary and Proper Clause were called “loose constructionists”. John Marshall’s decisions decided this and other matters.

  2. Important Cases Decided by Marshall • Marbury v. Madison, 1803 –started the process of judicial review. Now the Supreme Court has a new check on the other branches: the ability to declare laws as unconstitutional. Why? Because no law can violate the constitution!

  3. McCulloch v. Maryland, 1819 – declared that Congress does have implied powers (Necessary and proper clause) in order to carry our its expressed powers (2nd Bank of the United States). Broadened the powers of Congress. A victory for loose constructionist and a defeat for strict constructionists. APPROVED Under Article I, Section 8 of the Constitution, Congress has the 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 Constitition in the Government of the United States, or any Department or Officer thereof".

  4. Gibbons v. Ogden, 1824 – Congress has the sole authority to regulate trade, not the states. Reinforced the powers of the national government over the states.

  5. All three of the decisions written by John Marshall increased or restated the power of the national government over the states. He also increased the power of the Supreme Court.

More Related