EQ:  How did the Marshall Court Strengthen Nationalism.

 

           Two major Supreme Court Decisions by the Marshall Court made the Federal Government even more powerful.  Here they are;

 

1)     McCulloch v Maryland (1819)

 

           In 1816 the U.S. Congress created the 2nd National Bank of the United States.  Once again strengthening the economic role of the Feds.  Congress used its elastic clause to pass the law seeing a national bank once again as necessary.

           Many states saw the Bank as a powerful entity, one that forced unnecessary economic factors on them.  SO in response Maryland passed a state law, which levied heavy taxes on the Nation Bank.

           The Feds saw this an issue in Federalism, so they took Maryland to court to stop the taxes.

           In the decision, the court ruled that Maryland DID not have the power to pass those taxes on the Bank.  The Court set down two powerful precedents:

a)          The Congress did have the power to create the court, therefore strengthening the ELASTIC CLAUSE and a loose interpretation of the Constitution.

b)         Second they reinforced the Supremacy Clause.  Maryland did not know who their DADDY was, now they do!  Kids taxing parents, ha ha ha!

 

2)     Gibbons v Ogden (1824)

           This case involved a dispute between a state license on a river way that flowed between NY and NJ.  Ogden had a state license; Gibbons later obtained a federal license.  Ogden claimed that he had exclusive rights to operate his steamboat business and the Federal license was null and void.  The Marshall Court ruled:

            States can usurp the authority of the FEDERAL government to regulate interstate commerce.  This ruling strengthened the role of the Federal Government when it came to interstate commerce and do I dare say it; The decision reinforced the Supremacy Clause, or Whos your daddy?

 

3)     Marbury v Madison (1789)

           Lets not forget the biggest ruling out of the Marshall Court the case that set down Judicial Review!

           Without this case there would be no McCulloch or Gibbons cases!

 

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