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Date Posted: 19:24:14 10/08/02 Tue
Author: MaRy BeTh
Subject: Ch-8 Marshall and the Courts

Marshall and the Court
A. John Marshall served as chief justice of the US of almost 35 years.
1. He molded the development of the Constitution
a. Strengthen in the judicial branch at the expense of the executive and legislative branches
b. Increasing the power of the federal government at the expense of the state
c. Advancing the interests of the propertied and commercial classes
B. Dartmouth College vs. Woodward. (1819)
1. Further expanded the meaning of contract clause of the Constitution
a. Republicans tried to revise Dartmouth College’s charter (by the king George III in 176)
i. Tried to convert the private college in to a state university
b. Daniel Webster, a Dartmouth gradate, argued in the college’s case
2. Marshall stated “In is, sir…a small college and yet there are those who love it.” Brought some to tears
3. The court ruled for Dartmouth
C. The justices also implicitly claimed for themselves the right to override the decision of state court
1. Cobens vs. Virginia
a. State had given p their sovereignty in the ratifying the constitution.
D. Confirming “Implied Powers.” Of Congress
1. In the case of McCulloch vs. Maryland (1819)
a. The Bank of US became so unpopular that some folks try to drive it out of their state.
2. This, case presented two constitutional questions to the supreme Courts
a. Could congress charter a bank?
b. And if so, could individual states ban it or tax it?
3. Webster, was one of the attorneys for the bank, he said that the power to tax involved the “power to destroy”
a. Marshall adopted Webster’s words in deciding for the bank
E. The decision of the Marshall courts established the primacy of the federal government over many states in the regulation the economy and opened the way for an increased federal role in promoting economic growth
1. Designed to promote the growth of a strong, unified and economically developed United Stats.

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