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 * Supreme Court Cases**

__**The Marshall Court**__ - Federalist John Marshall was appointed to the Supreme Court as Chief Justice in 1801. He strengthened the Court with his policies of: - vested rights with in the Contract Clauses - expanding the Court's Decision - judicial nationalism over state's rights - blocking state regulations that limited property rights - freeing American commerce from restraints placed on it by the states When William Marbury did not get his commision as Justice of the Peace, he sued secretary of state, Madison for not commissioning him. Marshall did not rule in Marbury's favor because he stated that the issue did not fall under the Supreme Court's jurisdiction. This case was the first time Marshall introduced his policy of judicial review and ruled on the constitutionality of federal laws. The Georgia government gave land grants to the Yazoo Land Company but was said to be corrupt and was therefore repealed. The court, however, ruled that new laws could not break a valid contract. When Republicans wanted to change Dartmouth College from a private school to a state university. Daniel Webster stated that the Dartmouth charter was a contract that could not be broken because it was protected by the rulings under //Fletcher v. Peck//. Widespread dislike of the National Bank of the United States led to the actions of the government of Maryland to rid many branches of the B.U.S. through excessive taxation. Daniel Webster, one of the bank attornies, represented the bank and said that establishing that the bank was "necessary and proper" and therefore could not be taxed. Marshall ruled in Webster's favor. Illinois and Pinakeshaw learders sold some sections of their land to a group of white settlers. However, they also had signed a treaty with the federal government that gave parts of their territory (including the land they had given to the white settlers) to the US The government also continued to give homestead righst to the new white settlers. McIntosh was one of these white settlers. The Court was asked to determine who owned the land, the settlers or the US. Marshall agreed and said that the land was the United State's. However, he did mention the native Americans in which he offered a definition of the Indians and their place in society. He said that the tribes had the right to the tribal lands, which came before any law. American citizens could not purchase/ forcibly take the land from the Natives, and only the federal government could do that. State of NY gave Robert Fulton and Livingston's boat company the right to carry passengers on board across the Hudson Riverto the city of NY. Fulton and Livingston, then took action and gave Aaron Ogden the business of taking passengers across NY to NJ. Yet, Thomas Gibbons, with a lisence that was given to him under congress, started to compete with Ogden for the Ferry traffic. Ogden took the matter to court (NY state court) and won. Gibbons took that then to the Supreme Court. Marshall said that the power of Congress to regulate interstate commerce was "complete in itself" and would be "exercised to it's utmost extent". Ogden's Monopoly was void. and Gibbons won. In Georgia, the indians were trying to stop the white enroachments. The State of Georgia had abolished their Indian Legislature and court hearings. The courts (state) had said that seeing as how the tribe was a"foriegn nation", the Supreme Court would decide. However, Marshall said that the Indians shouldn't and wouldn't be comsidered as a Foreign Nation and that they just had a special status The court decided to invaildate the state's laws that were meant to regulate and control the access of US citizens to Cherokee country. Marshall ruled that only the federal government had the authority to regulate expansion/ trade with the tribes westward. Marshall said that (like in Cherokee Nation v. Georgia) that the tirbes were a seperate sovereign entity and that the tribes were free from state authority. Andrew Jackson didn't agree with Marshall's ruling so he said "John Marshall has made his decision. Now let him enforce it."
 * (1803) Marbury v. Madison-**
 * (1810) Fletcher v. Peck-**
 * (1819) Dartmouth College v. Woodward-**
 * (1819) McCulloch v. Maryland-**
 * (1823) Johnson v. McIntosh-**
 * (1824) Gibbons v. Ogden-**
 * (1831) Cherokee Nation v. Georgia-**
 * (1832) Worcester v. Georgia-**

__**The Taney Court-**__ In 1835, just after Marshall’s death, President Andrew Jackson appointed Roger B. Taney as Supreme Court Justice. Unlike Marshall, Taney didn’t bring a break in constitutional interpretation. Taney’s decisions represented the Democratic Party and reflected the Jacksonian ideals. A brige company wanted the right to construct a bridge over the Charles Bridge with a reduced toll of the competing bridge that had previously controlled a monopoly. Despite earlier Supreme Court rulings, Taney ruled that the general happiness of the public is more important than contracts and gave the right to build a new bridge to promote an expansion of economic opportunity. Industrial workers from Massachusetts wanted to legalize unions. The supreme court legalized union organizations and stated that strikes were lawful weapons. Many industrial workers, however, resisted joining unions throughout the 1840s and 1850s. The Supreme Court declared that states do not need to assist in the return of fugitive slaves in contrast to the 1793 fugitive slave law that did require states to return fugitive slaves. The ruling resulted from the earlier outcome of **The Amistad Case** in 1839. The Amistad was a Spanish slave vessel that was taking Africans to Cuba. The Africans took control of the ship and tried to navigate it back to Africa but the ship was seized by the U.S. Navy. John Quincy Adams (former U.S. president) argued on behalf of the antislavery position and the Africans were declared free in 1841 by the Supreme Court on the grounds that the U.S. slave trade has been illegal since 1808. The antislavery groups funded their passage back to Africa. Dred Scott, a slave from Missouri, had been taken into Illinois and Wisconsin (free territory) with his master. When the master had died in 1846, Scott sued his owner’s widow for freedom. Scott said that because his owner had taken and resided with him on free grounds, he had been liberated from slavery. The state courts agreed with Scott, and declared him free. However, John Sanford, the brother of the widow had claimed Scott to be his slave. The previous decision was overruled by the state supreme court and then Scott was seen as Sanford’s slave. After Scott had appealed to the federal courts, Sanford and his attorney had said that because Scott was a slave (private property) he had no right to sue. The Supreme Court issued multiple rulings on this case. Taney agreed with Sanford and declared that Scott wasn’t a citizen, therefore he couldn’t sue. Taney followed this by saying that African Americans had no rights under the Constitution because “they weren’t citizens.”
 * (1837) Charles River Bridge v. Warren Bridge-**
 * (1842) Commonwealth v. Hunt-**
 * (1842) Prigg v. Pennsylvania-**
 * (1856) Dred Scott v. Sandford-**

Picture Citations "The Supreme Court . The First Hundred Years . Landmark Cases . Dred Scott v. Sandford (1857) | PBS." //PBS: Public Broadcasting Service//. Web. 15 Dec. 2010. . "William & Mary Law - The Great Chief Justice." //William & Mary Law » Homepage//. Web. 15 Dec. 2010. [].

Wabash Case (1886) United States v. E. C. White Co (1895) Plessy v. Ferguson (1896) Williams v. Mississippi (1898) Cumming v. County Board of Education (1899) Northern Securities v. United States (1904) Lochner v. New York (1905) Muller v. Oregon (1908) Buchanan v. Worley (1915) Guinn v. United States (1919) Adkins v. Children’s Hospital (1923) Scopes Monkey Trial (1925) Schechter Poultry Corporation v. United Sates (1935) Butler v. United States (1936) West Coast Hotel v. Parrish (1937) Shelley v. Kraemer (1938) Dennis v. United States (1951) - Stated that based on the Constitution, it is illegal to promote the overthrow of the U.S. government Brown v. Board of Education of Topeka, Kansas (1954) Roth v. the US (1957) Cooper v. Aaron (1958) Engle v. Vitale (1962) Baker v. Carr (1962) Gideon v. Wainwright (1963) Escobedo v. Illinois (1964) Miranda v. Arizona (1966) Loving v. Virginia (1967) Swann v. Charlotee Mecklenburg Board of Education (1971) Furman v. Georgia (1972) Roe v. Wade (1973) Miliken v. Bradley (1974) United States v. Richard Nixon (1975) Bakke v. Board of Regents of California (1978) United States v. Wheeler (1978) County of Oneida v. Oneida Indian Nation (1985)