STANDARD: USHC 1.7 Summarize the expansion of the power of
the national government as a result of Supreme Court decisions
under Chief Justice John Marshall, such as the establishment of
judicial review in Marbury v. Madison and the impact of political party
affiliation on the Court.
OPENING:
WORK PERIOD:
•Supreme Court
Lecture and Notes
•Multi-flow Map
•Quiz
•Test Review
•Mock Test
Video
CLOSING:
•QUIZ and REVIEW FOR TEST
JUDICIARY ACT OF 1789
 One
of Washington’s first
tasks was to create a
judicial system
 Judiciary Act set up our
justice system
 The act called for a
Supreme Court, federal
courts, and district courts
 The system guaranteed
that the federal laws
would remain “supreme”
 Supreme Court was weak
until…
Marshall’s Court


Presidents tend to appoint justices who hold political
ideas similar to their own and then they must be
confirmed by the Senate.
President John Adams (Federalist)  filled open judge
slots with Federalists like John Marshall.



Last day in office
Shows that presidential power is felt even after the
appointing administration is gone
John Marshall – Chief Justice (Federalist)
- Supported strong national government that was
supreme over the states
-The power of the national government was
strengthened by the decisions of the Supreme Court
under his leadership.
Marbury v. Madison Background
Information
1.
2.
3.
William Marbury was appointed to the
Supreme Court at the last minute before
the Dem.-Rep. president took office.
Secretary of State James Madison refused
to give him his commission.
Marbury appealed to the Supreme Court
to make Madison give him his
commission. The Congress said they could
do so.
4. The Supreme Court issued orders to make
Madison give Marbury his commission so that
the judicial branch would not seem useless.
5. Marshall read the Constitution closely and
realized that the Supreme Court does not have
the power to do this.
6. He ruled that although Marbury deserved his
commission, the court could not order that it
be delivered because the Constitution doesn’t
give the court the ability to.
7. Marshall thus created the precedent of judicial
review.
Marbury v. Madison
 Marbury




v. Madison (1803)
Judicial review: vital part of the checks and balances
system
Gave the Supreme Court the right to decide if
something is constitutional (supported by the
Constitution) or unconstitutional (not supported by the
Constitution)
Countered the claim of the of the Virginia and
Kentucky resolutions
Made the Supreme Court a vital third branch of the
government.
Dartmouth v. Woodward:
Gibbons v. Ogden:
The Court upheld the
The Court ruled that
sanctity of contracts
only the federal
against being
government could
encroached on by state
control interstate
government
commerce
Other
Marshall
Cases
McCullough v. Maryland:
The Court ruled that the state of
Maryland could not inhibit the
operations of the Bank of the
United States by imposing a tax,
thus upholding the right of the
federal government to establish
the national bank.
Worcester v. Georgia: The
Court denied the right of
the state of Georgia to
limit the rights of the
individual in a case
related to Indian
reservations
Activity One
Cause
Cause
Cause
Effect
Marbury v.
Madison
Effect
Effect
Assessment One
Quiz time!
UNIT 2 WORD WALL
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Articles of Confederation
Shay’s Rebellion
Democracy
Republic
Unicameral Legislature
Bicameral Legislature
Federal
Northwest Territory
Land Ordinance of 1785
Northwest Ordinance of
1787
Virginia Plan
New Jersey Plan
Great Compromise
Three-Fifths Compromise
Ratification
• Federalist
• Antifederalist (Democratic
Republicans)
• Federalist Papers
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• Constitution
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• Bill of Rights
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• Division of Powers
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• Enumerated
• Implied
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• Reserved
• Popular Sovereignty
• Separation of Powers
• Limited Government
• Precedent
• Whiskey Rebellion
• Alien and Sedition Acts
• Nullification (VA and KY
Resolutions)
• XYZ Affair
Marbury V. Madison
Judicial Review
National Bank (BUS)
Protective Tariff
John Marshall