Marshall Court

Question 1

Who was chief justice?

Answer 1

John Marshall

Question 2

Court date

Answer 2

1801-1834

Question 3

What party was he?

Answer 3

He was very federalist

Question 4

Marbury vs Madison 1803

Answer 4

Established the principle of “judicial review” the idea that the Supreme court had the final authority to determine was constitutional or not

Question 5

McCulloch vs Maryland 1819

Answer 5

Marshall declared the Bank constitutional by Hamilton’s doctrine of implied powers

Strengthened federal authority when he denied Maryland’s right to tax the bank

“the power to tax involves the power to destroy” and “the power to create implied the power to preserve”

this ruling gave the doctrine of “loose construction”
- the constitution came from the consent of the people and thus permitted the government to act for their benefit

• argued that the Constitution should adapt to the human affairs
• any government action must stay within the bounds of the constitution and use appropriate means to achieve its goal. shouldn’t exceed the scope of federal power

Question 6

Fletcher vs Peck 1810

Answer 6

• a bribed Georgia legislature granted 35 million acres in Mississippi to private speculators. The next legislature cancelled the transaction
• The supreme court said the grant was a contract and the constitution forbids state laws to spoil the contracts
• further protected property rights against popular pressures
• assertion of the right of the supreme court to invalidate state laws conflicting w/ the federal constitution