John Marshall

he contributes to the era of nationalism with the idea of "Judicial Nationalism"; that is, he increases the power of the federal government through judicial decisions
appointed by John Adams at the end of the Federalist era, and he serves for 34 years, keeping the Federalist ideas alive
writes over 500 decisions, with a goal of strengthening the federal government
establishes the prestige of the judiciary branch
he is considered by many to be the greatest Chief Justice of the Supreme Court
first, he needs to establish the power of the Court
- Article III of the Constitution creates one Supreme Court and other federal courts that Congress deems necessary; however, it doesn't specify the power of these courts
- Jay, the 1st Chief Justice, played the role of an ambassador

Marbury v. Madison (1803)

establishes the concept of "judicial review"
- the Court has the right to declare acts of Congress and of the executive branch to be unconstitutional, null and void
- if Congress or the President has overstepped their role as defined in the Constitution, the Court can reject their actions
William Marbury was one of the "midnight judges" who were appointed by Adams as he was leaving office
his commission was not delivered before Adams left, and it was being held on the desk of Secretary of State Madison, who refused to deliver it
he applied to the Court for a writ of mandamus to compel Madison to deliver the commission
Marshall's decision says that the Jefferson administration is being petty in these matters, but that the Court doesn't have the power to force delivery of the commissions
says that part of the Judiciary Act of 1789 was unconstitutional, that is, that Congress cannot extend the power of the Court beyond what is defined in the Constitution
he establishes the precedent of the Court's ability to void laws that challenge the Constitution
the Court will not overturn another Congressional law until 1857, showing that this is not a power play to gain another veto in the system; rather, it is a legitimate attempt to clarify the role of the Court

he also feels a need to clarify the Court's position in respect to the other branches of government
he puts the Constitution over all, clarifying the Supremacy Clause
this case goes back to the argument over the First National Bank and the implied powers clause
the state of Maryland had decided to tax the Baltimore branch of the Bank of the United States, but the bank refused to pay the tax
this raises the questions of the constitutionality of the creation of the bank and of the ability of the states to tax institutions of the federal government
Marshall's decision supports "loose construction"
- if the end is legitimate and the means are not denied by the Constitution, the action is allowed
- he supports the creation of the bank, as it was needed to tax, control currency, etc.
Marshall also states that the power to tax is the power to destroy
- therefore, if states can tax federal government, then they can ultimately destroy the federal government
- thus, he bans states from taxing institutions of the federal government
- eventually, this issue will be worked out with "lulu payments"; that is, the federal government pays the state a fixed amount to compensate for the use of the state's land, which can have been used as a source of revenue via taxes

Marshall declares that Congress alone, not the states, has the right to regulate interstate commerce
this is the first decision under the commerce clause of the Constitution
two steamboat operators had been given a charter to operate in New York Harbour, one from the federal government, and one is a monopoly grant from the state
Marshall states that, even in the absence of legislation, the federal government alone can regulate interstate commerce
- asserts the strength of the federal government - he's an old-time Federalist

he also protects the rights of property against actions of state legislatures that seemed too radical
the Georgia state legislature had sold land to a private speculator for bribes, and the public reacted by voting out the incumbents, electing a new legislature that voided the previous agreement
Marshall declares that the contract was binding, even though it was illegally obtained, because the Constitution declared all contracts to be legally binding
declares that the federal government had the right to set a side the law of a state legislature if it conflicts with the Constitution of federal laws or treaties
upholds the "ladder of law"

deals with events prior to the adoption of the Constitution, asking whether contracts and agreements from the time before the Constitution were valid
in 1769, Dartmouth College was granted a charter for establishment
in 1816, the New Hampshire legislature took over Dartmouth, and the board of the college sued
the Court declared that the contract was still valid, as it falls within the contract clause of the Constitution