4.5The judiciary asserts itself

The Constitution created a Supreme Court but left its power vague. Under Chief Justice John Marshall, appointed by Adams in 1801, the Court became a coequal branch. In Marbury v. Madison (1803), Marshall established judicial review—the Court's authority to strike down laws that violate the Constitution.

Over three decades, Marshall's Court consistently strengthened national power over the states, upholding the national bank in McCulloch v. Maryland (1819) and federal control of interstate commerce. Though Marshall was a Federalist and his party faded, his interpretations endured, embedding a strong national judiciary into the constitutional system long after the Federalists themselves disappeared.