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A History of the Early Assertion of Judicial Power

l 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 Courts 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 states 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 b...

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