Marshall Court & Judicial Review

Gibbons v. Ogden

• This case established the Supreme Court’s power of judicial review—the power to determine whether or not a law or other government action is constitutional.

• This case is designed to make sure that those accused of a crime know their rights before they are interrogated by police.

• The court decided that the federal government only (not the states) had the right to control interstate commerce.

• This case gave the legal green light to “separate but equal” public facilities for blacks and whites. It legitimized the Jim Crow segregation laws that would characterize racial policy for the next half-century.

Marbury v. Madison

• This case established the Supreme Court’s power of judicial review—the power to determine whether or not a law or other government action is constitutional.

• The court decided that the federal government only (not the states) had the right to control interstate commerce.

• The Supreme Court ruled that interning Japanese-Americans during World War II, even those who were citizens born in the U.S., was legal.

• This decision expanded the guarantees of the Bill of Rights by ruling that the 6th Amendment right to an attorney regardless of ability to pay applies to state cases as well as federal ones.

Which case upheld the sanctity of contracts?

• Marbury v. Madison

• Dartmouth College v. Woodward

• McCulloch v. Maryland

• Gibbons v. Ogden

What was the Supreme Court's ruling in Worcester v. Georgia?

• Georgia laws do NOT apply in the Cherokee Nation

• Cherokee must cede their lands to the Georgians

• all white missionaries must leave the Cherokee Nation

• Georgia has the right to distribute Cherokee lands using a lottery system

Although the Supreme Court was the weakest of the three branches of government in the early days of the new republic, John Marshall strengthened the Court by

• establishing the principle of federalism, giving federal courts the power to declare laws unconstitutional
• declaring the Virginia and Kentucky Resolutions, which asserted the right of states to nullify federal laws, unconstitutional
• establishing the principle of judicial review in the case of McCulloch v. Maryland
• establishing the principle of judicial review in the case of Marbury v. Madison

What was the result of the Supreme Court decisions made by Chief Justice John Marshall in the following cases:

• Marbury vs. Madison
• McCullough vs. Maryland
• Gibbons vs. Ogden

• the court upheld the rights of the workers.

• the court abolished the system of slavery.

• the court protected the rights of children.

• the court ruled in favor of strengthening the federal government.

What was the primary issue in Gibbons v. Ogden court case?

• Interstate Commerce

• The National Bank

• Indian Removal

• Taxation without representation

The power to declare laws unconstitutional is called

• Supreme court review

• Executive privilege

• Judicial Review

• Grand Jury Investigation

Answer explanation

What's the significance of Worcester v. Georgia (1832) in terms of federal authority over state laws?

• It upheld state laws over federal treaties.

• It reinforced the federal government's authority to deal with Native American tribes, state laws couldn't do this.

• It allowed states to enforce their laws on Native American lands.

• It declared federal treaties with Native American tribes unconstitutional.

Answer explanation

Worcester v. Georgia (1832) reinforced the federal government's authority to deal with Native American tribes, establishing that federal treaties with tribes were valid and that states could not impose their laws on these lands.

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DOK Level 3: Strategic Thinking

What's the significance of the Marbury v. Madison (1803) case in establishing the power of judicial review?

• It allowed the President to veto Supreme Court decisions.

• It established the Supreme Court's power to declare laws unconstitutional.

• It gave Congress the power to override Supreme Court decisions.

• It limited the power of the federal government over the states.

Answer explanation

The significance of Marbury v. Madison (1803) lies in its establishment of the Supreme Court's power to declare laws unconstitutional, thereby affirming the judiciary's role as a check on legislative and executive actions.

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DOK Level 2: Skill/Concept