Thursday, October 10, 2013

3.2

In section 3.2 The key learning objective is to determine the impact of the Marshall Court on federalism. The Marshall Court is based off of the Chief Justice John Marshall who served from 1801-1835. He was known for defining the balance of power between the national and state governments. The three defining court cases were Barron v. Baltimore, Gibbons v. Ogden, and McCulloch v. Maryland. Barron v. Baltimore was a court case that questioned whether or not the process clause of the fifth amendment applied to states or not. The state ruined his docking business through construction and John Barron wanted recompense. Marshall ruled that the states didn't need to fund Barron because the Bill of rights were not a limit on the state. They could just ignore them all together if they so pleased. The next case was Gibbons v. Ogden. Robert Fulton was given the exclusive right to operate steamboats on the Hudson River. In court it was decided that the New York Government couldn't monopolize the steamboat transport because it will interfere with interstate commerce which they had no right to do. The last influencing court case is McCulloch v. Maryland. John McCulloch went to court when Maryland put taxes on federal banks that aren't chartered out of Maryland. Marshall disagreed with Maryland and said that the couldn't put taxes on the federal bank which emphasized the fact that  individual states cannot interfere with national operations. An example of how these effect us now is that states can't just go and put taxes on a federal agency that is within the states boundaries.

No comments:

Post a Comment