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State governments cannot invalidate private contracts.

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Around 1832, the American government was encroaching on Native American Rights--especially in the Southeast where there was plentiful farm land. Georgia's state government, along with President Jackson, supported the decision to remove the Native Americans from the Southeast to the West. The Southeast Native Americans, mainly the Cherokee Nation, responded to the governments attempts of removal of Natives with calling the decision unconstitutional.

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“Commerce” was expanded to mean both the exchange of goods and services and the transportation of those goods

Gave congress the ability to regulate commerce across state boundaries

Avoided threatening the south by not taking away all state's power in regulating commerce

Opened door to the expansion of nations economy→ States could not interfere with the building of roads, canals, ect

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After Marshall’s statement, the Court broadened the definition of commerce so it now included regulation of transportation

Court could keep individual states from interfering in the conduct of trade by those living in other states, so court decided federal laws trumped state laws

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8-1 decision that the state violated Article 1, protecting the contract made by the college.

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Are the laws to regulate interstate commerce passed by the New York legislature unconstitutional?

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Charter of Second National Bank~ April 1816

Maryland imposed “stamp tax” on the paper that banks used in printing bank notes

Aimed at Second National bank

James McCulloch

Cashier of Baltimore branch

Refused to pay the tax

State of Maryland sued McCulloch

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Odgen was given the right to operate vessels in bays and rivers between NJ and NYC, passed down by John Livingston

Gibbons had ships in those waters

Ogden took case to New York Legislature and he won the case.

Gibbons then took it to Supreme Court

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Are the Georgia statutes relating to the Cherokee nation in violation of the Constitution of the United States?

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A state legislature cannot invalidate a contract. The ruling also gave more protection to property rights; earliest Supreme Court case that invalidated a state's ruling.

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The Cherokee were recognized as a sovereign foreign nation.

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For a short time, the Cherokee were recognized as a sovereign nation, and only Congress was permitted to set laws regarding them (not the states). The ruling favored the federal government over the state government. Though, Andrew Jackson hardly enforced this law. Not long afterward, the Cherokee were forced westward on the Trail of Tears.

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In 1769, Dartmouth College received a charter from King George III; the charter gave 12 trustees full power to oversee the college and its administration. It stated that the college corporation should always continue under the 12 trustees. However, in 1816, the New Hampshire legislature passed an act declaring that Dartmouth would continue as a state-run university

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Does any state have the constitutional right to tax an agency of the United States Government?

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Transfer of presidency from Adams and Jefferson

Adams tries to pack the court with Federalists
-Senate approves of this

William Marbury is a Federalist judge and wants the Secretary of State (James Madison) to give him the job.

John Marshall (a Federalist) is the current Chief Justice...

If Marshall rules in favor of Marbury, the ruling will be ignored and the Supreme Court will seem weak.

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Could the contract between Fletcher and Peck be invalidated by an act of the Georgia legislature?

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James McCulloch won the case

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Should the New Hampshire Legislature change Dartmouth, a privately funded institution, into a state univeristy (private --> public)?

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In 1795, Georgia Legislature granted the sale of cheap land to private corporations. This was repealed in 1796, however, due to fraud. In 1800, John Peck bought some land that was part of the original 1795 plan, and in 1803 he sold some of it to Robert Fletcher. Fletcher eventually realized that the 1796 ruling made his purchase from Peck void, and he sued for damages. A federal circuit court ruled in favor of Peck, and Fletcher subsequently appealed to the US Supreme Court.

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Should Marshall give Marbury his job?

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They ruled that Georgias voiding of the 1795 grant was invalid since it violated the contract clause of the constitution

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Confirmed the right of congress to use the implied powers clause which is anything “necessary and proper”

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Judiciary Act of 1789 is decided to be unconstitutional. It allowed the Supreme Court original jurisdiction in cases when it shouldn't have
under the Constitution.

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This gives the Supreme Court the power of judicial review - the power to determine the Constitutionality of laws.