1. Revenge of theFederalists

2. Summarize the expansion of thepower of the national governmentas a result of Supreme Courtdecisions under Chief JusticeJohn Marshall, such as theestablishment of judicial review inMarbury v. Madison and theimpact of political partyaffiliation on the Court. 3. "I shall... by theestablishment ofrepublican principles...sink federalism into anabyss from which thereshall be no resurrection. Thomas Jefferson 4. After their devastatingdefeat in the Election of1800, doomsday wasquickly approaching forJohn Adams and theFederalist Party. 5. ELECTION SUCCESSORSTERM1801In a lame duck session,the outgoing Congressmeets and passes lawsbefore the newly-electedmembers of Congress cantake their seats. 6. From Article III,Section 1The judicial power of the UnitedStates, shall be vested in oneSupreme Court, and in such inferiorcourts as the Congress may fromtime to time ordain and establish. 7. The Midnight Judges ActSixteen new federalcircuit judgesSixteen federal judgeswith life tenure wouldbe able to undermineJefferson and theRepublicans from thebench. 8. Federalist Secretary of State(Adams Administration) Chief Justiceof the Supreme CourtJohn Marshall Midnight AppointmentChief Justice 9. William (Midnight Judge)(1803)James (Secretary of State)William Marbury(Midnight Judge)James Madison(Secretary of State) 10. William Marbury(Midnight Judge)(1803)James Madison(Secretary of State) 11. From The Federalist No. 78The judiciary, from thenature of its functions, willalways be the least dangerousto the political rights of theConstitution... 12. (1803)John MarshallChief JusticeMarshalls Dilemma 13. John MarshallChief JusticeMarshalls DecisionJudiciary Act of1789 is(1803) 14. Marshall:The Supreme Courtcan declare laws to beunconstitutional. (in this case, a federal lawpassed by Congress)John MarshallChief Justice 15. FederalismStrict / LooseConstruction?National Bank?Favored EconomicPursuit?Marbury v. Madison: Who interpretsthe Constitution?Kentucky Resolution:Marshall(Federalist)Jefferson(Republican)Strong CentralGovernment States RightsLoose STRICTConstitutional UnconstitutionalCommerce AgricultureSUPREME COURT STATES 16. Maryland had placed a tax on theBank of the United States. TheB.U.S. sued Maryland in protest.1819BUS vs. MarylandJohn MarshallChief Justice 17. THE DECISION:The Marshall Court ruledin the Banks favor.John MarshallChief JusticeFEDERALISM ELASTIC CLAUSESUPREMACY CLAUSEIMPLIED POWERS1819 18. The power to taxinvolves the power todestroy.John MarshallMcCulloch v. Maryland1819John MarshallChief Justice 19. 1824FEDERALISMCOMMERCECLAUSEJohn MarshallChief Justice 20. From Article I,Section 8[The Congress shall havePower] To regulate Commercewith foreign Nations, andamong the several States... 21. Gibbons(& Vanderbilt) 22. The Marshall Court:Using Marbury v. Madison,McCulloch v. Maryland, andGibbons v. Ogden as guides,determine whether Chief JusticeJohn Marshall would Like orDislike the following items.NOTE: This exercise is based on the Facebooknews feed. At no point does the author assertthat the format is original. NOT INTENDED FORCOMMERCIAL USE 23. The Constitution The Congress shallhave PowerTo make all Laws which shall benecessary and proper for carrying into Executionthe foregoing Powers, and all other Powers vestedby this Constitution in the Government of the UnitedStates, or in any Department or Officer thereof. (ArtI, Sec 8.18)1787 Comment Likelikes this. 24. Thomas Jefferson Resolved, That theseveral States composing, the United States ofAmerica by a compact under the style and titleof a Constitution for the United Statesconstituted a general government for specialpurposes delegated to that governmentcertain definite powers, reserving, each State toitself, the residuary mass of right to their ownself-government1798 Comment Likedislikes this. 25. Alexander Hamilton Every powervested in a Government is in its naturesovereign which are not precluded byrestrictions and exceptions specified in theconstitution, or not immoral, or not contraryto the essential ends of political society.23 Feb 1791 Comment Likelikes this.http://press-pubs.uchicago.edu/founders/documents/a1_8_18s11.html 26. James Madison The powersdelegated by the proposed Constitutionto the federal government are few anddefined. Those which are to remain in theState governments are numerous andindefinite.1788 Comment Likedislikes this.http://en.wikisource.org/wiki/The_Federalist_Papers/No._ 27. Alexander Hamilton A National Bankis an Institution of primary importance to theprosperous administration of the Finances, andwould be of the greatest utility in the operationsconnected with the support of the PublicCredit....1790 Comment Likelikes this.http://en.wikipedia.org/wiki/Second_Report_on_Public_Credit