Transcript Marshall Court Essay and Summary

The Marshall Court
John Marshall
• John Marshall (September 24, 1755 – July 6, 1835) was the Chief Justice of
the United States Supreme Court (1801–35) whose court opinions helped lay
the basis for American constitutional law and made the Supreme Court of
the United States a coequal branch of government along with the legislative
and executive branches. Three major court cases in which he wrote the
majority opinion set the precedent for this: Marbury v. Madison, McCulloch
v. Maryland and Gibbons v. Ogden.
Judicial Review—power of the Supreme Court
to declare laws/acts unconstitutional
• Read and discuss how these 3 cases helped
establish Judicial Review and expand the
court’s power.
• You will be writing a 3.5 essay tomorrow over
these cases
Summary
• Marbury v. Madison—established judicial review. The court
argue they have the right to do so, but don't use it in this
case.
• McCulloch v. Maryland—first time court uses the power of
judicial review. Dealing with national bank, interpretation
of the supremacy clause and necessary and proper clause
and what unremunerated rights Congress has.
• Gibbons v. Ogden—second case using judicial review, sets
precedent (multiple decisions viewed the same way sets a
precedent for future cases), by interpreting the interstate
commerce act, national government controls waterways not
states.
Review
• 1. Which Court case establishes the fundamental idea of judicial
review for the Supreme Court?
• 2. Which Court case signifies the first time the Supreme Court
uses the power of Judicial Review to interpret the Constitution?
• 3. Which court cases reaffirms the Judicial Review powers of
the Supreme Court and establishes national jurisdiction of
interstate commerce?
Essay
• In a 3.5 essay analyze the impact each case had in
developing the historical persona of the Marshall Court
in making the Supreme Court an equal/coequal branch
of the United States government. Explain the precedent
each case set forth and the end result of the 3 cases you
studied.
Paragraph
structure
Analysis of
the impact
Marshall Court Essay Rubric
1
2
3
1 complete
2-3 completed
4 completed
paragraph
paragraphs
paragraphs
included
included
included
No attempt to
analyze cases
Evidence and Has no relevant
explanations evidence or
explanation
Grammar
Does not use
punctuation
4
All completed
paragraphs
included
Attempts to
analyze
significance of
cases
Attempts to
include relevant
evidence and
explanation
Develops some
aspects of
analyzing the
cases
Develops some
relevant
evidence and
explanation
Thoroughly
analyzes impact
of all 3 cases
Uses correct
punctuation in
1-2 paragraphs
Uses correct
punctuation in
3-4 paragraphs
Uses correct
punctuation in
all paragraphs
Thoroughly
supports thesis
with relevant
and specific
evidence and
explanations of
the 3 cases
4+ …100%
4 …96%
4- …92%
3+ …89%
3 … 85%
3- …83%
2+ …80%
2 …77%
2- …74%
1+ …71%
1 …68%
1- …65%
0 …0%
Paragraphs
• First Paragraph introduction (Historical background of U.S. and the
Marshall court) with a good THESIS (This should be your argument:
How did the Marshall Court establish the idea of judicial review?)
• 2nd paragraph should discuss Marbury case—established the idea
of judicial review
• 3rd paragraph McCulloch case—first time the court actively used
judicial review
• 4th paragraph the Gibbons case –2nd time the court used Judicial
Review (set a precedent for the Supreme Courts power)
• Your conclusion should be the argument of how the Marshall court
established judicial review.