A History Of The Early Assertion Of — страница 2

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state of New Hampshire was trying to change so the college would be a public institution rather than private. The final decision recognized the college as a private corporation and called for the protection of private corporations from state intervention under the contract clause. The balance of power that the Constitution was supposed to preserve shifted greatly so that the national government held the most power after McCulloch v. Maryland in 1819. The Court?s decision asserted federal power by highlighting the 10th Amendment and the Necessary and Proper Clause, Article 1 and Section 8. The former states that the powers not allotted to Congress go to the States, and the latter says that Congress has the authority to do anything necessary and proper to carry out its activities.

The case preferred national power over the states? power. Another state case came along in 1821 with Cohens v. Virginia. It raised the question of whether the Supreme Court also has the power of judicial review over state cases. The Court decided that yes, they would like to have power over state cases as well. Their reasoning was that it was not the parties involved but the issues, and whether those particular issues raised a question of constitutionality. Article 1, Section 8 also discusses the Interstate Commerce clause, which was enforced with Gibbons v. Ogden in 1824. Ogden had a monopoly on steamboats using the Hudson River, an interstate waterway because it connects New York and New Jersey. The Court ruled that this interfered with congressional power governing interstate

commerce as stated in the clause. Marshall used this decision to his advantage to reject the notion of states and the federal government being equally powerful entities. The trends during the Marshall years called greatly for the undermining of the state?s powers, as shown in McCulloch v. Maryland, Cohens v. Virginia and Gibbons v. Ogden. These cases primarily humiliated the individual states and stretched the powers held by Congress. Also another pattern was the protection of property. As stated before, Marshall and the framers of the Constitution were Federalists and called for the preservation of private property and personal gain, and the contract clause was used as often as possible to benefit those notions. Especially in the case of Marbury v. Madison, one can see how

cunning the Federalists were in trying to promote their ideas, taking into consideration that Marshall elected to not having Marbury receive his commission so that eventually it would be to Marshall?s benefit and the disadvantage of Jefferson and the Democratic-Republicans. Most of his decisions circulated around being advantageous to the Federalists and shifting power more toward the national government, another Federalist goal. Bibliography No bibliography.