1803
Marbury v. Madison
Yes. A law repugnant to the Constitution is void, and it is the duty of the courts to say what the law is. The Court held part of the Judiciary Act of 1789 unconstitutional.
Source: Opinion of the Court
The early republic. 1801–1849
The Supreme Court asserts judicial review and a broad reading of national power. Westward expansion and Indian removal raise questions of federal, state and tribal authority.
The questions. As the record frames them.
The constitutional questions this era’s decisions and laws turned on.
- Who decides what the Constitution means?
- Where do state powers end and federal powers begin?
The record. 6 entries, in order.
Every case, amendment and event in Constilumen dated 1801 to 1849.
1804
Twelfth Amendment: Election of the President and Vice President
Electors cast separate ballots for President and Vice President.
Source: National Archives
1819
McCulloch v. Maryland
Congress had implied power to charter the bank under the Necessary and Proper Clause, and Maryland could not tax it.
Source: Opinion of the Court
1824
Gibbons v. Ogden
No. Navigation between states is commerce that Congress may regulate, and a federal coasting license overrode the state monopoly.
Source: Opinion of the Court
1830
Indian Removal Act
Congress authorizes the President to negotiate the exchange of tribal lands in the East for lands west of the Mississippi. Forced removals follow, including the Cherokee removal of 1838–39.
1832
Worcester v. Georgia
No. The Cherokee Nation was a distinct community in which Georgia law had no force; relations with it belonged to the federal government.
Source: Opinion of the Court
The language. What stood out in print.
Tracked terms printed most often in 1801–1849 compared with their own average across 1789–2022. A value of 2× means the word appeared twice as often as usual.
- tyranny2.1×
- patriotism2.0×
- liberty1.8×
- constitution1.7×
- habeas corpus1.3×
- martial law1.2×
Executive orders. Presidencies of the era.
Totals for each full presidency, including years outside the era. Counts before 1945 include unnumbered orders.
| President | Took office | Orders | Per year |
|---|---|---|---|
| Thomas Jefferson | 1801 | 4 | 0.5 |
| James Madison | 1809 | 1 | 0.13 |
| James Monroe | 1817 | 1 | 0.13 |
| John Quincy Adams | 1825 | 3 | 0.75 |
| Andrew Jackson | 1829 | 12 | 1.5 |
| Martin van Buren | 1837 | 10 | 2.5 |
| John Tyler | 1841 | 17 | 4.3 |
| James K. Polk | 1845 | 18 | 4.5 |
| Zachary Taylor | 1849 | 5 | 3.7 |
Source: The American Presidency Project. All presidencies