The Supreme Court Strengthens Federal Powers (College Board AP® US History): Study Guide

Summary

John Marshall was Chief Justice of the U.S. Supreme Court from 1801−1835. He laid the foundations to expand the federal government and the power of the court system. During his tenure as Chief Justice of the U.S. Supreme Court he made some landmark decisions. These decisions changed the landscape of the American political system.

John Marshall’s Supreme Court

Marbury v Madison (1803)

• The Marbury v Madison case established the principle of judicial review

The background to Marbury v Madison

• President John Adams worked with Congress to pass a law known as the Midnight Judges Act

  • It gave the president more control over appointing judges

• Adams appointed 16 new circuit judges and 42 new justices of the peace before the end of his presidency

  • The Senate approved all of the commissions

• William Marbury didn’t receive his commission as a justice of the peace

• Marbury used a law called the Judiciary Act of 1789 and sued to make James Madison, Jefferson’s secretary of state, give Marbury his commission and its official documents

Role of John Marshall’s Supreme Court

• The U.S. Supreme Court heard the case

• The Supreme Court found that it was illegal for Madison to refuse to deliver the commission, but it also stated that the Judiciary Act of 1789 was illegal

• Chief Justice John Marshall said the Judiciary Act of 1789 conflicted with the U.S. Constitution

  • The Constitution comes before any piece of legislation

  • Congress can’t use a regular piece of legislation to modify the Constitution.

• Chief Justice John Marshall created the concept of judicial review, the power to declare a law unconstitutional

 McCulloch v Maryland (1819)

• The state of Maryland wanted to tax a federal bank named The Second Bank of the United States 

  • The bank branch in Baltimore refused to pay the tax

• State courts in Maryland said the bank was unconstitutional because the Constitution does not give the federal government the ability to establish a bank

• The Supreme Court said the federal government had the power to establish a bank and that Maryland could not tax it

• Chief Justice John Marshall wrote:

  • Congress has powers that are not explicitly written in the Constitution

  • National laws supersede state laws

  • States can’t control the Constitution or federal laws