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Creation of the Surpreme Court
-Judiciary Act of 1789
-13 district courts created in principle cities
-3 circuit courts were created
-above these courts was a Supreme Court
-The Supreme Court was established with one chief justice and five associate justices
-It's job is to interpret the laws and constitution -
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John Jay as Chief Justice
-John Jay was the first Chief Justice of the Supreme Court
-He was a New York native and the former president of the Continental Congress
-He was appointed by Washington
-He later became the governor of New York.
-Adams nominated him again to be Chief Justice but he declined the offer. -
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John Marshall as Chief Justice
-Appointed by John Adams
-Serving 34 years, he served the longest of any otehr chief justice
-He established the Supreme Court as the final authority and interpreter of the Constitution
-Federalist
-His decisions consistently favored a stronger central government
-Some landmark cases included: Marbury vs. Madison; Fletcher vs. Peck; Martin vs. Hunter's Lease; Dartmouth College vs. Woodward; McCulloch vs. Maryland; Cohens vs. Virginia; Gibbons vs. Ogden -
Marbury vs. Madison
-William Marbury sued for his commission when Jefferson tried to get rid of him
-Marshall ruled that Marbury had the right to his commission
-However, Marshall also declared the Judiciary Act of 1789 was unconstitutional
-This established the concept of Judicial Review -
Fletcher vs. Peck
-Case involving land fraud in Georgia
-John Peck purchased land in an invalid sale and tried to sell it to Robert Fletcher
-Fletcher sued
-Marshal decided that a state could not pass legislation invalidating a contract
-First time the Supreme court declared a state law to be unconstitutional -
McCulloch vs. Maryland
-Maryland tried to collect a tax from the Second Bank of the United States
-Imposed a tax on all banks not chartered by the Maryland legislature
-James McCulloch was head of the Baltimore Branch and refused to pay the tax
-Marshall concluded that Congress had the right to make the bank and Marlyland's law interfered with the power congress possesed.
-A state could not tax a federal institution
-"The power to tax is the power to destroy." -
Dartmouth College vs. Woodward
-Involved law that changed Darthmouth College, in New Hampshire, from a privately chartered college to a public college
-Marshall concluded that the state law was unconstitutional and that a contract for a private corporation could not be altered by state law. -
Gibbons vs. Ogden
-Aaron Ogden purchased the right to operate steamboats from New York
-He sued Thomas Gibbons for operating boats in the same water without permission
-New York's actions were inconsistent with Congress' duty of regulating coastal trade
-Marshall established the federal government's broad control of interstate commerce -
Cherokee Nation vs. Georgia
-court decided it could not hear the Cherokees case
-because they were an independent nation, but resided within U.S. borders, they could not be considered foreign nations
-in the constitution it said that the court must hear cases of those in a "foreign" nation, not "indian" nations.
-the court dismissed this case -
Worchester vs. Georgia
-Court ruled that the laws of Georgia had no force within the boundaries of the Cherokee territory
-Federal government ha the authority to make laws including indian nations, however states do not -
Commonwealth vs. Hunt
-ruled that unions had the right ot negotiate labor contracts with employers
-trade unions made legal
-had the right to go on strike to raise wages and ban non union workers
-This is significant because it legalized the American Labour Union movement -
Dred Scott v. Sandford
-controversial pro slavery decision
-Dred Scott, a former slave, had been living free in Missouri for two years
-He sued for his freedom
-Court Decisions:
-DredScott had no right to sue because Africans were not intrnded to be citizens
-Since slaves were considered property, they did not have the right to deprive someone of there property
-decided that the Missouri Compromise was unconstitutional
-Declared all western territories open to slavery -
Maples vs. Thomas
-Can a law firm's mailroom mistake cost an inmate constitutional review of his death sentence in federal court?
-Cory Maples lost the chance to appeal his death sentence
-His attorneys left their firm and that firms mailroom returned an unopened court order
-A district court denied Maples request for a late appeal
-It was not Maples fault that the appeal was late therefore no one facing this situation should be penalized for another's mistake
