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Difficulty: MediumThe Marshall Court and Judicial Nationalism

"If the power of the federal government to select its own means is unlimited... the state governments are at the mercy of the federal power. The Constitution, under this construction, is no longer a federal compact of sovereign states, but an instrument of consolidated empire, in which the rights of the states are completely swallowed up."

—Spencer Roane, writing under the pseudonym "Hampden" in the *Richmond Enquirer*, 1819

Which of the following developments in the early nineteenth century most directly prompted the criticisms expressed in the excerpt?

  1. A
    Efforts by the executive branch to use the Monroe Doctrine to intervene in state-level economic disputes
  2. B
    Decisions by the judiciary that strengthened state sovereignty by limiting federal regulation of interstate commerce
  3. Supreme Court decisions that broadened federal authority by establishing the supremacy of national laws over the statesAnswer
  4. D
    A consensus between political parties to adopt a strict constructionist interpretation of the Constitution

Answer

Supreme Court decisions that broadened federal authority by establishing the supremacy of national laws over the states
The correct answer is correct because the Marshall Court's rulings, particularly *McCulloch v. Maryland* (1819), declared that the federal government possessed implied powers under the "necessary and proper" clause and that state laws could not interfere with constitutional federal actions, establishing federal supremacy and alarming advocates of states' rights.

Step-by-Step Solution

1
Analyze the stimulus to identify the author's primary argument and concern.
The author, writing in 1819, is deeply concerned that the federal government is overstepping its constitutional boundaries, leading to a consolidation of power that threatens state sovereignty.
Understanding the core argument of the critic is necessary to link it to the historical event that caused the criticism.
2
Relate the date and context of the excerpt (1819, criticism of federal supremacy) to Supreme Court decisions of the era.
The year 1819 is the year of the landmark *McCulloch v. Maryland* decision, in which Chief Justice John Marshall upheld the constitutionality of the national bank and denied the right of states to tax federal institutions.
This step identifies the specific action of the Marshall Court that prompted the critic's critique of federal supremacy.
3
Evaluate the options to find the development that directly led to the expansion of federal authority and supremacy over states.
The Supreme Court rulings under John Marshall, such as *McCulloch v. Maryland* and *Gibbons v. Ogden*, established the supremacy of federal laws, confirming the correct option.
Matching the identified historical context with the options ensures the selected answer is correct.

Key Concept

The Marshall Court's role in expanding federal power and establishing the supremacy of federal law over state authority (judicial nationalism).
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The Marshall Court and Judicial Nationalism

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