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Gibbons Vs Ogden Case Analysis

729 Words3 Pages

The United States of America between the time period of 1800-1835 were creating the first modern democracy. They had a separation of powers by creating a Legislative, Executive, and Judiciary Branch. The Legislative branch being the the Senate and House of Representatives, the Executive branch being the President and his advisors, and the Judiciary branch being the Supreme court. The Supreme Court informed and validated all the laws. In the end, the Supreme Court in many of their cases like Gibbons v. Ogden, McCulloch v. Maryland, Marbury v. Madison, and Cohens v Virginia made decisions that sought to assert federal power over state laws and the primacy of the judiciary in determining the meaning of the constitution. The Supreme Court sought …show more content…

Ogden, which was about New York requiring out-of-state boats to pay fees to go through there waters. A man named Thomas Gibbons who owned a steam boat that went through New Jersey and New York waters everyday challenged the States monopoly. The case eventually went to the Supreme Court where Chief Justice John Marshall said that those state laws weren't valid since it didn't work with the congressional act. The state of New York had created a law that allowed them to earn money, but the government didn't like the idea that the state was regulating its waters so they voided the law. In the case McCulloch v. Maryland, the state of Maryland placed a tax on the Second Bank of the United States. James McCulloch an employee of the bank refused to pay the tax, so the case went to the Supreme Court. The Supreme Court held a unanimous vote and they voided the tax on the employees of the bank and they denied the law that was placed. In this case, the Supreme Court felt that they upheld the laws and the constitution and that the states were controlled by the Supreme Court. In the Case Marbury v. Madison, former president John Adams towards the end of his presidency had selected a number of Justices of Peace which were approved by the senate, signed by the president, and closed with the

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McCulloch vs Maryland Summary In case of McCulloch vs Maryland is a landmark case that questioned the extent of federal government 's separation of power from state government. A problem arose when the Second Bank of America was established. With the War of 1812 and it’s financial suffering in the past, the government sought to create a bank with the purpose of securing the ability to fund future wars and financial endeavors. Many states were disappointed with this new organization, one of them being Maryland.

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Thomas Jefferson argued that as the nation evolves, so must the constitution in order to remain efficient (Document G). Jefferson furthers his argument by declaring that the constitution must only change through amendments; loose interpretation is still not acceptable (Document G). By doing so, Jefferson reaffirms the Mcculloch vs. Maryland court case that was ruled by John Marshall, a Federalist, that the constitution must be flexible and be allowed to breathe. However, Jefferson’s argument for amendments over loose interpretation is idealistic at best. As noted in his Louisiana Purchase with Napoleon in 1803, Jefferson tried his hand at amendments and realized that it

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John Marshall's Supreme Court Cases

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John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

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In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John

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Maryland passed this law to tax the federal bank. McCulloch, the President of the bank refused to pay the tax. The State of Maryland sued McCulloch, and the Supreme Court accepted the case. In the opinion written by Chief Justice Marshall, the Court ruled that the Bank of the United States was constitutional and that the Maryland tax was not. The Supreme Court said that the Bank of the United States has every right due to the Necessary and Proper Clause of Article I, Section 8 which stated that Congress can pass laws that they consider “necessary and proper”.

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During the early years when Marshall was appointed Chief Justice, there was an insignificant case that came about the Supreme Court. However, it was that case, Marbury v. Madison, that became one of the most important Supreme Court decisions in United States

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At its inception, the Supreme Court was a vague idea created by tired delegates at the Constitutional Convention. Today, the judiciary is arguably the strongest branch in government. The person responsible for the inception of such a strong judicial branch is John Marshall. With his decisions in the Supreme Court, John Marshall used his Constitutional interpretation to grant powerful jurisdiction over the federal government, and to ensure a republic of the people rather than being in complete control of rich white men for the entirety of America. These decisions led Marshall to shape the Supreme Court by his granting of power to match the other branches of government to the modern age.

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They have the Legislative Branch that makes up the laws. They have the Executive Branch which is run by the president who oversees every day governing in the United States. Lastly they have the Judicial Branch which is made up of all the courts and oversees trials. The United States established a democracy sometime between the late 1700s and early 1800s after they broke away from British rule.

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In 1803, the U.S. Supreme Court issued its decision in Marbury v. Madison. The most important judicial decision in U.S. history, the Supreme Court made itself to be the final authority on the legality of government actions. This changed the federal power to the judicial branch of government. This upset the federalist system. Now unelected officials can dominate public policy.

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