The United States Supreme Court Article 3 of the US Constitution

1. The United States Supreme CourtArticle 3 of the US Constitution How did the Supreme Court under Chief Justice John Marshall’s leadership change American Government? The U.S.S.C. interprets the Constitution and the Law

2. Landmark Supreme Court Decisions during the Marshall Years. • Three key court cases include: • Marbury v. Madison • McCullock v. Maryland • Gibbons v. Ogden

3. The United States Supreme Court under John Marshall(Marshall served as Chief Justice from 1801 to 1835) -A Federal Judge’s term of office is Retire/Expire -The Framers of the Constitution wanted to insulate Judges from politics in order to make sure that Judges would focus on the law and not popular appeal. What is the term of office for a Federal Judge (Article 3), and why is it different than the tenure of office for the other two branches of government?

4. Marbury v. Madison (1803) • John Adams’ Midnight Appointments • Adams, as a lame duckpresident, appointed several new judges on the eve of Jefferson’s inauguration • The most famous appointment was John Marshall to Chief Justice. • William Marbury was appointed to a lower federal court. • Marbury’s appointment was not delivered before the change of presidential administration. • The new Jefferson administration refused to honor the appointment. • Marbury appealed to the S.C. to secure his judgeship.

5. Marbury v. Madison (1803) • John Adams’ Midnight Appointments • Marbury believed that CJ Marshall would grant him the judgeship because they were both federalists. • Jefferson refused to grant the judgeship regardless of what the SC said. • Fearing a constitutional crisis, Marshall sacrificed Marbury and carved out a new power for the Supreme Court. • Marshall & the SC declared the portion of the law that granted Marbury his judgeship UNCONSTITIONAL, Marbury was denied his judgeship, but the SC gained the power of JUDICIAL REVIEW

6. **Marbury v Madison** Judicial Review gives the S.C. the Power to declare an act of Congress or the President Unconstitutional It is emphatically the province and duty of the judicial department to say what the law is…Thus the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void… John Marshall, Marbury v. Madison

7. McCulloch v Maryland "The POWER to tax is the POWER to destroy" John Marshall • The state of Maryland attempted to tax a federal bank. • At issue in this case was the supremacy of the federal government v States Rights. • The Court nullifiedMaryland’sstate law & established the supremacy of the federal government.

8. Gibbons v Ogden • At issue in this case was whether or not the State of New York had the legal authority to grant one steamship company a contract on an interstate waterway. • The Court clarified Federal authority over interstate commercewhen itnullified New York State’s law. • Federal law is Supreme over State Law.

9. Conclusion • How did the Supreme Court under Chief Justice John Marshall’s leadership change American Government? • The Marshall court established the power of Judicial Review (Unwritten Constitution) • Strengthened the Supreme Court (Checks & balances-Declaring laws unconstitutional) • Strengthened the power of the Federal Government over the States (Federal Supremacy)

10. Conclusion • The Marshall Court had a great impact on American society. Under Marshall the Supreme Court strengthened the authority of the Federal Government as well as the power of the Supreme Court.