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historical aspects of the us court system
the history of usa courts
an essay on the marshall court
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The Marshall Court and the Rehnquist Court are the two eras that made the Supreme Court the most influential. The Marshall Court in 1801 to 1835 helped create the foundation for the United States constitutional law, which contributing to making the Supreme Court of the United States a coequal branch of government. The Rehnquist Court in 1986 to 2005 favored a concept of federalism that played a vital role on the Tenth Amendment’s reservation of powers to the states. Under Rehnquist point of view of federalism, the Supreme Court of the United States struck down an act of congress as overpowering under the commerce clause. These two courts brought the Supreme Court of the United States to an entire new level that brought change to the world.
The Marshall Court started in 1801. John Marshall was the fourth longest lasting Chief Justice of the United States. Marshall dominated the Court, and which played a significant role in the development of the American legal system. He brought back to the courts the notion that federal courts were able to use judicial review, only if they violated the Constitution. Thusly, John Marshall believed that the position of the American judiciary was a vital and significant branch of government. Furthermore, John Marshall's court made several important decisions in response to federalism, the power between federal government and state government. In particular, he repeatedly established and shared the authority of federal law over state law. Marshall supported the understanding and interpretation of the enumerated powers. President John Adams appointed John Marshall to the United States Supreme Court in 1798. John Marshall was also elected into the United States House of Representatives in 1799. In 180...
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...s reservation of powers to the states. Under his view of federalism, the Supreme Court of the United States struck down an Act of Congress as surpassing its power under the Commerce Clause. President Ronald Reagan nominated Rehnquist to fill the position of Chief Justice. His colleagues were pleased and supportive. Justice Thurgood Marshall called him "a great Chief Justice”. Rehnquist's seat as an associate justice was filled by newly appointed Antonin Scalia.
Works Cited
McBride, Alex. “Barron v. Baltimore (1833)”. December 2006. http://www.pbs.org/wnet/supremecourt/antebellum/landmark_barron.html McBride, Alex. “McCulloch v. Maryland (1819)”. December 2006. http://www.pbs.org/wnet/supremecourt/antebellum/landmark_mcculloch.html Edwards III, C. George, Martin P. Wattenberg, Robert L. Linberry. “Government in America: People, Politics, and Policy”. Textbook.
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
From 1992 to 2005, the Supreme Court’s decisions mostly mirrored public opinion. After Rehnquist’s passing in 2005, the Supreme Court has swung more in the direction of the conservative party than in pervious years. The conservative agenda is becoming more prominent than it was under Rehnquist and before O’Connor retired. Besides swing the court to the consertive side, Rehnquist’s passing also ended the longest running group of Justices to serve together. They had...
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Fraga, Luis Ricardo. United States Government: Principles in Practice. Austin, TX: Holt McDougal, 2013. Print.
Madison as he was in the Louisiana Purchase, he was still a key player in this episode that redefined the Judiciary branch of American government. Jefferson had just taken over the presidency from John Adams, a member of the rival Federalist Party, who, during his last days in office, had many of his fellow Federalists assigned offices in the Judiciary, including the Chief Justice of the Supreme Court, John Marshall (Goldfield 277). Jefferson and his Secretary of State, James Madison, resented this Federalist grab for power and refused to give one of the appointees his position. This appointee, William Marbury, used the Judiciary Act of 1789 to take the issue to court (277). However Marshall, did not rule that Marbury be given his appointment by Jefferson, who had been actively removing Federalist Judges and would likely choose not to acknowledge Marshall’s authority (277). Marshall took a different approach, instead of giving Marbury his appointment, he declared the Judiciary Act of 1789 unconstitutional because it gave the Supreme Court authority that was beyond what was outlined in the Constitution (277). By taking away some of his own authority, Marshall gave the Supreme Court the formidable ability to declare laws unconstitutional (277). Interestingly, it would never have happened if Jefferson and his administration had not have taken action (or in this case lack of action) against the appointment
The Marbury versus Madison case of 1803 irrefutably remains one of the most significant cases in history of the Supreme Court, because it was the first United States Supreme Court case to utilize the principle known as judicial review (History.com Staff, 2009). This principle gives the Judicial Branch of the government, in particular the federal courts, the power to declare an act of Congress null and void if they find that it conflicts with the Constitution of the United States. This mandate, by Chief Justice John Marshall, would become a point of contention that places the Supreme Court on par with not only Congress, but the Executive Branch of the government as well.
John Marshall, Supreme Court Justice, created legal precedence in the historical case, Marbury v. Madison in 1803. Throughout history he is portrayed as the fountainhead of judicial review. Marshall asserted the right of the judicial branch of government to void legislation it deemed unconstitutional, (Lemieux, 2003). In this essay, I will describe the factual circumstances and the Supreme Court holdings explaining the reasoning behind Chief Justice Marshall’s conclusions in the case, Marbury v. Madison. Furthermore, I will evaluate whether the doctrine of judicial review is consistent with the Constitution and analysis the positive effects of the doctrine in American politics.
Despite the downfall of the Federalist Party in the early nineteenth century, John Marshall continued to exert a strong Federalist influence on the government, which acted as a catalyst to ignite political controversy. In the McCullough vs. Maryland trial of 1819, Marshall deemed Maryland taxing the second bank of the United States as being unconstitutional, which gave even more power to the central government. (Doc D) Majority of the American population was against his ruling and refuted it because many people believed that having a strong central government was bad because if a bad decision was made, it would have affected the entire union, whereas if there was a strong state government, a bad decision would have just hurt the state. However, this was not the only time where the economy had failed in the early 1800’s. In 1816, John Randolph addressed congress and stated that it was unjust to tax the poo...
These early Supreme Court decisions have made a lasting impression on the United States. Marbury v. Madison established the concept of judicial review that strengthened the ability of the judcicary to act as a check against the legislative and executive branches by providing for the review of Congressional acts by the judiciary to determine the constitutionality of such acts. McCulloch v. Maryland allowed for the expansion of Congress’ implied powers needed to execute its delegated powers as well as defined the supremacy of constitutionally enacted federal entities over state statutes.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
O’Connor, K., Sabato, L. J., Yanus, A. B, Gibson, Jr., L. T., & Robinson, C. (2011). American Government: Roots and Reform 2011 Texas Edition. United States: Pearson Education, Inc.
3. While John Marshall was chief justice the Supreme Court promoted the idea of nationalism. In the Supreme Court case Gibbons vs. Ogden help make certain that the federal government had power on pretty much everything crossing any state lines. Another case also supported the national government over the state government, it was McCulloch vs. Maryland.
After Dahl reviewed his research findings he concluded that the Court was only rarely willing to counter Congress’s preferences by striking legislation. According to Dahl, “the Supreme Court is inevitably a part of the dominant national alliance. As an element in the political leadership of the dominant alliance, the Court, of course supports the major policies of the alliance” (293). This explains to readers that although the Supreme Court does somewhat consider other bodies of government, overall, it attempts to act as its own body when making decisions.