Chapter 3
Learning Target 3.2
Determine the impact of the Marshall court on federalism

The Supreme court, known as the Marshall court during 1801-1835, performed important roles defining the balance of power between the national government and state governments. There were some important cases that happened during John Marshall's advisory as Chief Justice such as McCulloh v. Maryland, Gibbons v. Ogden, and Marbury v. Madison. Each case brought up important ideas pertaining to the Constitution and government.

In the case of McCulloh v. Maryland (1819), the Supreme Court denied the right of a state to tax the federal bank using the Constitution's supremacy clause. Some facts on the case include: Maryland imposed a tax on all banks not chartered by the state, banks could only issue notes on stamped paper issued by states, and Maryland sued McCulloh for failing to pay taxes. What were the issues? Does congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution? Does the state of Maryland have power to tax an institution created by congress pursuant to its powers under the Constitution? Yes, congress has the power under the Constitution to incorporate a bank pursuant (someone proceeding from and conformable to a bank), to the necessary and proper clause (Article 1 section 8). No, Maryland doesn't have the power to tax an institution created by Congress. The final decision- McCulloh won.

The case of Marbury v. Madison (1803), the Supreme Court significantly altered the meaning of various provisions of constitution. Facts: It was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office, so Marbury applied directly to the Supreme Court for a writ of mandamus (order that commands courts from carrying but municipal decisions) to compel Jefferson to deliver the commission. The issues of the case included: Does Marbury have a right to the commission? Does the law grant Marbury a remedy? Does the Court have original jurisdiction to issue writs of mandamus? Yes, granting commission takes place when Constitutional power has been exercised. Yes, the law grants Marbury a remedy due to civil liberties. No, to enable this issue, it must be shown to be an exercise of jurisdiction. The end result- Application of writ of mandamus was denied, and Marbury didn't get the commission's.

Finally, the case of Gibbons v. Ogden (1824) which argued Gibbons trespassing waters that were directly owned by Ogden. (Facts) He accused Gibbons of being on private waters but he claimed to have specific privileges under Congressional act, so Ogden took Gibbons to court. Issues: Do the states have the power to regulate interstate commerce? Does a state have the power to grant an exclusive right to the use of state waterways? The decisions were: No, the states do not have the power to regulate interstate commerce. No, the state does not have the power to grant an exclusive rights to waterways. Gibbons won.