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Important Court Cases of Units 4&5

Marbury v. Madison
McCulloch v. Maryland
Fletcher v. Peck
Dartmouth College v. Woodward
Gibbons v. Ogden
Facts of the Case
- Began March 2nd
1801
- Marbury is
designated as Justice of
the Peace
- This and other
appointments were
made in the last days of
John Adams
presidency, and some
were not fulfilled.
-the appointees sued
for their positions
-In 1816, America
chartered the Second
National Bank
-1818 legislation
passed to impose taxes
on it.
-McColloch refused to
pay tax.
-1791, Georgia passed
legislature granted land
to 4 companies
-the next year the
legislation got voided
-Peck acquired some of
the land and sold it to
Fletcher
-Fletcher thought that
Peck didnt have the
legal right to sell the
land
-Peck said that all past
sales had been
legitimate

Questions for the


Court to Consider
Is Marbury entitled to
his appointment?

Cohens v. Virginia
Johnson v. McIntosh
Cherokee Nation v. Georgia
Worcester v. Georgia
Barron v. Baltimore
Outcome (decision)
6 votes for Madison, 0
against

Effect (change) on
America (long term)
Established the
Supreme Court power
of judicial reveiw

Is his lawsuit the


correct way to get it?
Is the Supreme Court
the place for Marbury
to get the relief he
requests?

Did Congress have the


authority to establish
the bank?
Did the Maryland law
unconstitutionally
interfere with
congressional powers?
Could the contract
between Fletcher and
Peck be invalidated by
an act of the Georgia
legislature?

7 votes for McColloch


0 against

While the Constitution


has right for taxation,
the things stated in the
Constitution are
supreme

5 votes for Peck,


0 against

the Court held that laws


annulling contracts or
grants made by
previous legislative
acts were
constitutionally
impermissible

-in 1816, New


Hampshire tried to turn
Dartmouth college into
a state university
-the legislator
transferred authority
over appointments to
the governor
-Old trustees filed suit
against Hoodward to
try to regain control
-New York state law
gave individuals
exclusive right to
operate steamboats
within jurisdiction
-Created extensive fees
to out of state boats
trying to navigate
between states.
- Gibbons owned
company between NY
and NJ, and challenged
the monopoly license
given to Ogden by NY
-Congress authorized a
lottery in DC
- Cohen brothers tried
to sell lottery tickets in
Virginia
-State authorities tried
to convict them and
then declared
themselves the final
arbiters of disputes
between national and
federal government.
-1823Leaders of the
Illinois and
PinakeshawBeca tribes
sold land to a group of
white settlers on the
land claimed by
Johnson.
-the govt granted
homestead rights to the
settler
-1831 Cherokees
sought federal
injunction against
legislation passed that
deprived them of their

Did the New


Hampshire legislature
unconstitutionally
interfere with
Dartmouth College's
rights under the
Contract Clause?

5 votes for Dartmouth


1 vote against

Contracts refer to
transactions involving
property rights, not the
governments relations
with the citizens

Did the State of New


York exercise authority
in a realm reserved
exclusively to
Congress, namely, the
regulation of interstate
commerce?

6 votes for Gibbon


0 against

the national
government had
exclusive power over
interstate commerce,
negating state laws
interfering with the
exercise of that power.

Did the Supreme Court


have the power under
the Constitution to
review the Virginia
Supreme Court's
ruling?

Unanimous for Virginia

The supreme court has


the power to hear state
criminal proceedings

May Indian tribes give


a legally recognizable
title in land to private
individuals, such that
the title may be
received by the private
person and upheld
against any claims by
courts of the United
States?

In favor of McIntosh

Only federal
government can buy
land from native
American tribes.

The Supreme Court


does not have original
jurisdiction to hear a
suit brought by the
Cherokee Nation,

Led to expulsion of
Native Americans(trail
of tears)

right within tribal


boundaries.
-1831 Worchester and
other Americans were
found living in Native
American territory
without a license
-Barron was co-owner
of profitable wharf in
Boston Harbor
-as city expanded, sand
washed into his port,
preventing his business
from continuing.
-sues state to make up
for his financial loss

which is not a "foreign


State" within the
meaning of Article III
Does the state of
Georgia have the
authority to regulate
the intercourse between
citizens of its state and
members of the
Cherokee Nation?
Does the Fifth
Amendment deny the
states as well as the
national government
the right to take private
property for public use
without justly
compensating the
property's owner?

Worchester was
convicted and
sentenced to hard labor
in the penitentiary

Tribes are selfgoverned, and state


governments cannot
interfere or prosecute

7 votes for Baltimore,


0 votes against

Chief Justice Marshall


found that the
limitations on
government articulated
in the Fifth
Amendment were
specifically intended to
limit the powers of the
national government

Bridget Perry
11/20/13
Block 4

What were Marshall's beliefs regarding the power of the federal government? In
your answer, cite evidence from the cases.
Marshall believed in and supported a strong central government. For example, in
McColloch v Maryland, he said that the ruling of the Supreme Court gave the judicial
branch authority to set aside state legislative acts if they contradicted the Federal
Constitution.

What is Marshall's legacy? In other words, what long-term impact did his
decisions have on future cases and on the United States as a whole?
John Marshall had many impact on the United States government. He determined a
great deal about what the Supreme Court could and could not try, and also determined
things about Americans interactions with the Native Americans

Who (what factions) would have liked Marshall's decisions? Who would have
disliked them? Make sure you explain why!
Factions that would have most likely like Marshalls decisions were the Federalist, and
corporations, because he often ruled in favor of Federal government power, and also for
the peoples and corporations rights. However, antifederalists and Native American
tribes would have disliked him, because anti federalists supported weaker central
governments, and Marshall caused Indian expulsion, and encroached on their rights.

By Americas State Governments

In 1816 During the Dartmouth College v. Woodward trial, Marshall ruled against New Jersey,
preventing the state from making appointments for a state university.
In McColloch v. Maryland, Marshall ruled for McColloch, allowing a necessary tax to go unpaid.
Because of Marshall, many Native Americans rights have been encroached upon, and the land the
owned condense, particularly after Cherokee v. Georgia.