Marshall Court reteach

​The Marshall Court

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Massachusetts vs. the USA

San Antonio citizen vs. Dallas citizen

Me vs. my neighbor

California vs. Nevada

North Dakota citizen vs. Canada

Organize these options into the right categories

Decided by the Supreme Court

Not decided by the Supreme Court

Multiple Choice

Based on the bulleted list, which of these is a true statement?

• Marshall had a big impact in making the national government stronger.

• Since he was the 4th, Marshall was not as important of a leader.

• Marshall preferred to let the other justices take the lead.

This event is called the Midnight Judges.​

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John Adams (a ​

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) ran for reelection against Thomas Jefferson (a ​

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). He was defeated by Jefferson. Before he left office, the Federalists in Congress passed laws creating a lot of new ​

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positions, planning to fill them with Federalists.

​Judicial Review

Multiple Choice

Judicial Review is an example of the Constitutional principle of ---.

• individual rights

• checks and balances

• popular sovereignty

• republicanism

Multiple Choice

“It is emphatically the province and duty of the judicial department to say what the law is.” - Chief Justice John Marshall, Marbury v. Madison, 5 U.S. 137 (1803)

According to the excerpt, whose job is it to decide is a law or government action is allowed by the Constitution?

• Executive Branch

• Legislative Branch

• Judicial Branch

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Which part pf this cartoon makes it clear that "judicial review" means checking to see if something is allowed by the Constitution?

​The states were trying to keep their powers.

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A lot of state banks weren’t happy about the ​

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. Maryland decided to put a ​

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on the National Bank in the places where they did business in Maryland. Maryland thought ​

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didn't get the power to charter a National Bank from the ​

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.

​The Necessary and Proper Clause is also called the Elastic Clause because it lets Congress stretch their powers past what is listed in the Constitution.

Multiple Choice

According to the Supreme Court, could Congress create a National Bank?

• Yes

• No

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Options (4)

Congress creating a National Bank

States taxing the federal government

Congress taking additional powers "as needed"

Congress violating the Constitution

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Allowed

Not allowed

​Which is more powerful: state or federal governments?

​Commerce means trade (buying and selling).

Multiple Choice

Which Constitutional principle is involved in the case of Gibbons v. Ogden?

• Federalism

• Republicanism

• Limited Government

• Individual Rights

​The federal government has the power to regulate (control) arguments between states.

Categorize

Options (4)

Trade between states

Interstate trade

Trade inside the state

Intrastate trade

Who has the power?

Federal Government

State Government

Multiple Choice

Why was the decision in Marbury v. Madison necessary in order for the other two cases to be decided?

• The Supreme Court had to have the power of judicial review to decide the other cases.

• Congress had to have the power of the Elastic Clause to take more power.

• The states had to have the power to make laws for their citizens.

• The Judicial Branch had to share powers with the President and Congress.

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When the Supreme Court looks at a law or action of the legislative and executive branches, they are practicing ​

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. It's not the court's job to decide if the law or act is good or bad, just that it follows the laws of our country, specifically the ​

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.

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The Marshall Court was the period of time when John Marshall served as ​

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of the United States Supreme Court from 1801 to 1835. During this time, the Supreme Court became a ​

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institution and established many important legal precedents. He established the power of ​

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, which allows the Supreme Court to strike down laws that violate the Constitution. The Marshall Court's decisions also shaped the balance of power between the federal government and the ​

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.

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Chief Justice

powerful

judicial review

states

federal

President