Presidents and Precedents: John Marshall’s Impact on Law and Politics. The fourth, but finest, Chief Justice Served 34 years, 5 months, and two days, until his death on July 6, 1835 Author of 519 decisions A man of logic, reason, and foresight
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Second cousin to Thomas Jefferson
Strategic, pragmatic, analytical, logical
Essential to our understanding of the separation of powers and federalism
Note the significance of the separation of powers doctrine
MontesquieuMadisonMarshall (judicial review)
Note the significance of Federalism
Unitary v. confederal v. federal systems of government
Supremacy Clause (Article VI)
Marbury v. Madison
Election of 1801
Politics among/between Jefferson, Madison, Marshall
The power of the Court, the necessary 3d variable in the separation of powers
Jefferson’s response and saving face
McCulloch v. Maryland
The Bank Case, 1819
Whereas Marbury dealt with the separation of powers, McCulloch dealt with the key principles of federalism.
Express Powers v. Implied Powers; necessary and proper clause. Meansend relationships
Where does the authority to incorporate a bank come from? Why can’t the state tax?
John Marshall’s defense of McCulloch v. Maryland