| Line 57: |
Line 57: |
| | == The Marshall Court == | | == The Marshall Court == |
| | | | |
| − | In another branch of government, the Supreme Court was expanding its power under Chief Justice [[John Marshall]], a Federalist appointee (by Adams) who served for 35 years. Virtually every important decision rendered by his Court, starting with ''Marbury v. Madison''. Marbury v. Madison was a Supreme Court decision by Marshall in 1803, in which the Supreme Court asserted a new power of judicial review to declare an Act of Congress unconstitutional. There was no "check and balance" on Marshall's expansion in judicial power for decades, until President Andrew Jackson stood up to him and ignored Marshall’s decision on an Indian issue. | + | In another branch of government, the Supreme Court was expanding its power under Chief Justice [[John Marshall]], a Federalist appointee (by Adams) who served for 35 years. Virtually every important decision rendered by his Court, starting with ''Marbury v. Madison''. There was no "check and balance" on Marshall's expansion in judicial power for decades, until President Andrew Jackson stood up to him and ignored Marshall’s decision on an Indian issue. |
| | | | |
| − | The expansion in power by the "Marshall Court" from about 1800 to 1835 included: | + | The expansion in ''federal'' power by the "Marshall Court" from 1801 to 1835 included: |
| | | | |
| − | * | + | *''Marbury v. Madison'' (1803): established a new power of judicial review to declare an Act of Congress unconstitutional. |
| − | * | + | *''Fletcher v. Peck'' (1810): established a new power to invalidate a state law as unconstitutional (it held that a Georgia law violated the [[Contract Clause]] in the U.S. Constitution) |
| − | * | + | *''Dartmouth College v. Woodward'' (1819): established that the Constitution prevents a state from altering the charter of a private corporation (Dartmouth) |
| − | * | + | *''McCullough v. Maryland'' (1819): established that states may not tax a federal bank, and that a federal bank is authorized by the "necessary and proper" clause in the Constitution |
| | + | *''Cohens v. Virginia'' (1821): established the supremacy of the federal government by allowing D.C. lottery tickets to be sold in all states except those prohibiting it |
| | + | *''Cherokee Nation v. Georgia'' (1831): upholding Georgia law to wipe out the Cherokees, holding that they are not a nation and cannot sue in federal court |
| | | | |
| | + | When Marshall finally died in office after serving a record 35 years as Chief Justice, he was replaced by Roger Taney. The Taney Court did not expand ''federal'' power as much, but it did expand government power at the state level. For example, it held that: |
| | + | *''Charles River Bridge v. Warren Bridge'' (1837): allowing Massachusetts to fund a free bridge for the public good, despite hurting a private toll bridge established under a prior state charter. This destroyed private toll bridges and led to public financing of bridges and roads. |
| | | | |
| | == The War of 1812 == | | == The War of 1812 == |