How Did John Marshall Influence The Federal Government
explanatory Essay
468 words
John Marshall was named Chief Justice of the Supreme Court in 1801 by John Adams. A position Marshall held until his death in 1835. Marshall helped to shape the Supreme Court's decisions and define the relationship with the rest of the federal government. He put the Supreme Court on the course that it would maintain for the next two centuries. John Marshall believed in the supremacy of national legislature over state. Marshall made a landmark decision in the MARBURY V. MADISON case, that would define the boundries between the executive and judical branches of the American government. Marbury had been appointed as a Justice of the Peace by John Adams, but his commission was not delivered before Thomas Jefferson assumed the Presidency in 1801. Marbury filed a petition with the Supreme Court to force the Secretary of …show more content…
In this essay, the author
- Explains that john marshall was named chief justice of the supreme court in 1801 by john adams, a position he held until his death.
- Explains marshall's landmark decision in the marbury v. madison case, which defined the boundries between the executive and judical branches of the american government.
- Explains that alexander hamilton admired the central banks of europe and wanted the same for the united states. he proposed a national bank based in philadelphia.
Hamilton admired the central banks of Europe and wanted the same for the United States. He was elected to be the first Treasury Secretary after founding the Bank of New York. Hamilton proposed a bank of the United States based in Philadelphia. The bank would have a $10 million capitol and the ability to issue paper money and would be chartered for 20 years. The federal government would have a minor stake in the bank, and would have a board of directors made up of private individuals, to ensure a mix of public oversight and private enterprise. The Bank would lend the government money and securely hold its deposits, there would also be uniformed currency for the American citizens, and would also promote business and industry by extending credit. The National Bank along with some of Hamilton’s other financial programs would help give the United States an equal financial footing with the European nations. Hamilton’s ideas on a National bank supported the Federalist Parties commitment to having a financially sound
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- Federalism and the Supreme Courtanalytical essayFederalism and the Supreme Court "The powers delegated. . .to the federal government are few and defined. . . .The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties and properties of the people and the internal order, improvement, and prosperity of the State."
In this essay, the author
- Explains that the supreme court has been charged with the role of mediator. the issue of federalism has occupied the court's docket since its inception and continues to do so today.
- Explains that the tenth amendment of the u.s. constitution is the looking glass through which the issue of federalism is most often viewed.
- Analyzes how the marshall court was forced to reconcile the desire for state autonomy with the need for federal government.
- Explains that the courts of the 19th century took a decidedly pro-active role when it came to securing the states' tenth amendment rights.
- Explains that the court spent the late 19th and early 20th centuries delineating clear limits to congressional power as it concerned the interstate commerce clause.
- Explains that the supreme court's ruling on the commerce clause can be considered a landmark case for the limitation it put upon the federal government.
- Explains that the supreme court set off on a path of nearly complete deference to the federal government in the 1930's. its last stand on the issue of states' rights was taken in 1935 in schechter poultry corporation
- Explains franklin roosevelt's infamous court-packing scheme in 1936, when he was re-elected in a landslide victory. the supreme court had become badly divided when it came to new deal legislation.
- Explains that the verdict in west coast was exactly what roosevelt had hoped for. the court survived intact, but the court-packing plan was not the sole reason for the shift toward a federalist perspective.
- Explains that roosevelt appointed supreme court justices for nearly every year of his presidency after 1936. the liberal bent they gave the court can be seen throughout the decisions of the next few decades.
- Analyzes the liberal movement of the court away from states' rights and towards federalism.
- Explains that the first marked return toward states' rights occurred in 1993 with the finding that brady bill was unconstitutional. the court's step in protecting the states was key.
- Explains that in 1995, the supreme court again took a step toward conservative interpretation of the tenth amendment. in united states v. lopez, for the first time in 30 years the court rejected congress' argument that they could govern the possession of guns in schools.
- Opines that the strong conservative inclination of the court's chief justice william rehnquist has played a role in this recent shift.
- Analyzes the docket in front of the court as they head back into session this week is clearly heavy on tenth amendment cases. the justices will have to decide if state employees are still protected under federal anti-discrimination laws.
- Explains that the court will review three new, groundbreaking cases, which are important because they are precedent setting and critical because their decision will play itself out in multiple arenas.
1570 wordsRead More - John Marshall's Role As Chief Justice Of The Supreme Courtexplanatory essayJohn Marshal’s role as chief justice of the Supreme Court had a profound impact on our government. He is considered to be one of the most influential leaders of our nations. His legacy is carried on through the decisions made by various court cases presented to the Supreme Court. Marshall’s rulings in the cases strengthened our nation. These decisions defined the role of the American government, recognized the Indian Natives as a nation, and promoted economic growth.
In this essay, the author
- Opines that john marshal's role as chief justice of the supreme court had a profound impact on our government. his rulings in various court cases strengthened our nation.
- Explains that marshall established supremacy of the supreme court over congress and the judicial courts in marbury v. madison.
- Explains that cherokee nation v. georgia did not rule in favor of the cherokees. the supreme court recognized them as sovereign nations with the right to self-determination.
- Explains that the supreme court's decision in the dartmouth v. woodward case promoted economic growth and boosted our economy.
- Explains that john marshall's influence on the supreme court is beneficial to the united states. the recognition of the cherokees as a nation protects them from strict laws.
719 wordsRead More - Marbury V Madison Supreme Court Historyanalytical essayThe court lined that a new president, Jefferson, through his secretary of state, Madison, was mistaken to stop Marbury from getting the bureau as justice of the peace for District of Columbia. However, it likewise ruled that the court didn’t have jurisdiction in the case and couldn’t strength Jefferson and Madison to seat Marbury. The Judiciary Act of 1789 provided Supreme Court authority, but the Marshall court controlled the Act of 1789 to be an unauthorized delay of judiciary power into the dominion of the executive.
In this essay, the author
- Opines that marbury v. madison is perhaps the most important view in supreme court history. it tenables the court’s control of judicial appraisal and established the judiciary as a self-governing, co-equal division of the federal administration.
- Analyzes how the supreme court, controlled by chief justice john marshall, decides the milestone or radical case of william marbury against james madison, secretary of state of the united states.
- Explains that the marshall court ruled that jefferson, through his secretary of state, madison, was mistaken to stop marbury from getting the bureau as justice of the peace for district of columbia.
- Analyzes marshall's argument that acts of congress in battle with the constitution aren't law and consequently are non-binding to the court.
- Explains that jefferson and madison protested to marbury's nomination and those of all called midnight judges chosen by the earlier president, adams, after jefferson was nominated, but mere times before he took bureau.
- Explains that jefferson and his self-governing supporters hurled strings of attacks against the federalist controlled court. the democratic-republican controlled legislature removed most of the midnight judges by canceling the judiciary act in 1802.
- Explains the power of judicial review recognized by marbury has allowed the court to result revolutionary alteration in our sympathetic of constitutional supplies.
- Opines that judicial activism occurs once a court finds meaning in words as liberty and also phrases as equal protection that was never envisioned by the framers.
- Argues that the constitution hasn't created any single trial, meaningful that, to whatever hands revealed, with dishonesties of time and party its followers would become dictator.
- Explains that jefferson's doubts were well originated. the elected divisions have largely agreed to the oppression of the judiciary.
- Explains that the judicial division is reckless impending an oligarchy state. judges have understood the law in some cases erroneously.
- Analyzes how jefferson cautioned that judicial review would lead to a form of tyranny in marbury v. madison.
1158 wordsRead More - Homework Sixexplanatory essayMarbury v. Madison was a Supreme Court case to resolve the dispute of Marbury’s appointment in 1803. Before he left presidential office, John Adams made a set of last minute appointments. According to these, he named Federalists to the most of the positions. Among others, he appointed William Marbury “as a justice of the peace in the District of Columbia but failed to deliver Marbury’s commission before midnight” (Boyer 226). Marbury needed the notice of appointment; however, new secretary of state Republican John Madison refused to send it to him. As a result, Marbury asked the Supreme Court for help. The Chief of Justice, John Marshall, went back to available documents to find out what he was supposed to do. Finally, he presented that although Marbury has the right to the appointment, according to Constitution, no one has the right to force Madison to deliver Marbury’s commission.
In this essay, the author
- Explains that marbury v. madison was a supreme court case to resolve the dispute of marberry's appointment in 1803.
- Explains that jefferson sent james monroe and robert r. livingston to paris to buy new orleans from napoleon, who needed money for his european wars. the louisiana purchase was made on april 30, 1803.
- Explains that new bank of the united states was chartered in april 1816. maryland sued mcculloch for taxation, but the supreme court ruled that the bank was constitutional.
- Explains that the nullification crisis, caused by the new tariff, was another argument between jackson and calhoun about whether or not a state has the right to declare federal law unconstitutional.
- Explains that the panic of 1837 was a severe depression caused by the bank war and excessive loans by state banks. jackson's specie circular stated that payments for new lands couldn't be made in paper money.
- Explains that the second great awakening began in connecticut during 1790’s and spread across the united states within the next 50 years.
- Explains that the whig party "coalesced into jackson opposition party" in 1832. the name "whigs" is derived from british designation for "anti-monarchists."
- States that the monroe doctrine, written mostly by john q. adams, was the first significant statement regarding foreign policies and served mostly as a message to the nations of europe.
842 wordsRead More - The Great Chief Justice John Marshall Analysisanalytical essayThe Great Chief Justice: John Marshall and the Rule of Law by Charles F. Hobson examines the judicial career of John Marshall, as well as the legal culture that helped to shape his political beliefs and his major constitutional opinions. The author sources much of his information from the formal opinions that Marshall issued during his judicial career. From these writings, Hobson presents Marshall 's views on law and government and provides explanations for what in Marshall 's life influenced those beliefs.
In this essay, the author
- Analyzes how charles f. hobson examines the judicial career of john marshall and the legal culture that helped shape his political beliefs and his major constitutional opinions.
- Analyzes how hobson examines marshall's judicial writings through the perspective of the common law tradition in which he was bred to better understand his intentions.
- Analyzes how marshall's life experiences helped to build his political principles and influence his judicial career.
- Explains that marshall's time as a lawyer in the superior courts of virginia helped to further develop his beliefs regarding the power of the judiciary.
- Analyzes how marshall's decision in marbury v. madison established a precedent for the use of judicial review, the supreme court determining whether laws are constitutional or unconstitutional.
- Explains marshall's beliefs regarding the separation of law from politics, a theme that resonates throughout his other opinions set forth with the court.
717 wordsRead More - Supreme Court Casesanalytical essayA landmark case in United States Law and the basis for the exercise of judicial review in the United States, under Article Three of the US Constitution. This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed as Justice of the Peace in the District of Columbia by President John Adams shortly before leaving office, but whose commission was not delivered as required by John Marshall, Adams' Secretary of State. When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury's and several other men's commissions. Being unable to assume the appointed offices without the commission documents, Marbury and three others petitioned the Court to force Madison to deliver the commission to Marbury. The Supreme Court denied Marbury's petition, holding that the statute upon which he based his claim was unconstitutional. The Court rendered a unanimous decision, throwing out the case.
In this essay, the author
- Describes the supreme court decision that limited the president's power to seize private property in the absence of enumerated authority under article two of the us constitution or statutory authority conferred on him by congress.
- Describes a landmark case in united states law and the basis for the exercise of judicial review in the us.
- Analyzes how the supreme court upheld the constitutionality of racial segregation even in public accommodations (particularly railroads) under the doctrine of "separate but equal."
- Analyzes the supreme court's decision regarding voting rights and racial desegregation. lonnie e. smith sued for the right to vote in a primary election conducted by the democratic party.
- Explains the supreme court's landmark affirmative action decision that bars quota systems in college admissions but affirms the constitutionality of affirmativity programs giving equal access to minorities.
- Explains how the supreme court recognized a suspect's right to counsel during police interrogations. danny escobedo was convicted of the murder of his brother-in-law manuel.
- Explains that the supreme court ruled that first amendment protected the new york times' right to print classified pentagon papers without risk of government censure.
- Analyzes the miranda warning required by the supreme court in this case. miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years imprisonment.
- Explains how the supreme court ruled that evidence obtained in violation of the fourth amendment may not be used in criminal prosecutions in state courts, as well as federal courts.
- Explains that three negro students and one white student were convicted of violating the louisiana criminal mischief statute. no state statute or city ordinance required racial segregation in restaurants.
1759 wordsRead More - John Marshall's Effect on the American Judicial Systemanalytical essayThe judicial power, also known back then as The Weakest Branch, was created to achieve an effective collaboration of the powers, what we call now Check and Balances. One of the framers of the Judicial Power was John Marshall. Chief Justice John Marshall is one of the main figures in the history of the US Judicial System. He was the youngest Chief Justices in the history of the United States and was the developer of the most important power of the Supreme Court, The Judicial Review.
In this essay, the author
- Explains marshall's greatest opinion started a power that favored the supreme court, the power to revoke any law coming from the legislature which is repugnant with the constitution. judicial review was most implemented exclusively against state laws.
- Explains that the judicial power is the most respected branch in the government; they are the guardians of the constitution and the law.
- Cites burns, james macgregor, j.w peltason, thomas e. cronin, and david b. magleby. government by the people.
- Explains that in the early years of the eighteenth century, the governmental powers were beginning to develop, such as the executive, legislative, and the judicial power.
- Explains that john marshall was born on september 24, 1755 near germantown, virginia. he was the eldest of fifteen children and was blessed with outstanding parents.
- Explains that article iii of the united states constitution establishes a judicial power. the separation of powers was created to prevent the new government from becoming too strong.
- Analyzes how jefferson's executive power was affected by the judiciary act of 1801, which created sixteen new circuit courts and reduced the supreme court justices from six to five.
- Describes dye, thomas r., l. tucker gibson jr. and clay robinson. politics in america.
1672 wordsRead More - The Case of Marbury v. Madisonanalytical essayThe case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of Columbia. Adams signed the appointments on his last day in office and they were subsequently sealed by Secretary of State John Marshall. However, many of the appointments were not delivered before Adams left office and Jefferson ordered the deliveries stopped when he took charge. Marbury was one of Adams’ appointees for justice of the peace. Marbury brought a case before the Supreme Court seeking a writ of mandamus compelling the new Secretary of State James Madison to deliver the appointment.
In this essay, the author
- Analyzes the case of marbury v. madison, which centers on a case brought before the supreme court by william marshall.
- Explains that the supreme court had to answer several questions, including whether or not marbury had a right to the commission and whether the law gave him remedy.
- Analyzes how the supreme court denied marbury's request for the writ of mandamus. the constitution does not specifically grant the judiciary this power. chief justice marshall ruled that the judiciary act of 1789 was unconstitutional.
- Explains that mcculloch v. maryland involved a cashier at the baltimore branch of the second bank of united states. the law required all banks operating within maryland that were not chartered by the state to pay taxes.
- Explains that congress had the implied power to create a national bank under article i, section 8 of the consitution. the court ruled that maryland's law was unconstitutional and therfore void.
- Analyzes the significance of the constitutional convention's "necessary and proper" clause, which expands congress' implied powers.
- Explains that 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.
989 wordsRead More - Marbury vs. Madisonargumentative essayThe new chief justice, John Marshall, understood that if the Court awarded Marbury a writ of mandamus (an order to force Madison to deliver the commission) the Jefferson administration would ignore it, and this would weaken the authority of the courts. And if the Court denied the writ, it might appear that the justices had acted out of fear.
In this essay, the author
- Explains that under the administrations of washington and his successor, john adams, only members of the ruling federalist party were allowed to be on the bench.
- Explains that the new chief justice, john marshall, understood that if the court awarded marbury a writ of mandamus, the jefferson administration would ignore it and this would weaken ity of the courts.
- Analyzes how jefferson declared that madison should have delivered the commission to marbury, but then held that the section of the judiciary act of 1789 that gave the supreme court the power to issue writs of mandamus exceeded ity allotted the court under article iii
- Explains the importance of marbury, citing the supreme court's power to declare congress' acts unconstitutional if they exceeded the powers granted by the constitution. the court became an equal partner in government.
- Explains that the court would not declare another act of congress unconstitutional until 1857, and it has used that power sparingly.
- Recommends george l. haskins and herbert a. johnson, foundations of power: john marshall, 1801-1815, and donald o. dewey, marshall v. jefferson: the political background of marbury
- Explains that "jeffersonians" and "republicans" refer to the adherents of the same party, the party of thomas jefferson and james madison.
382 wordsRead More - The Federal Reserveexplanatory essayThe First Bank of the United States was founded in 1791, headquartered in Philadelphia. Secretary of the Treasury Alexander Hamilton headed the movement to create this first bank. “Alexander Hamilton, the first Treasury secretary, believed a national bank would stabilize the new government’s shaky credit and support a stronger economy — and was an absolute necessity to exercise the new republic’s constitutional powers” (Irwin 2013). With Hamilton’s influence, Congress agreed upon a central banking system. Its functions as a bank were very simple. It accepted deposits, issued notes, made loans, and purchased securities. It was the biggest corporation in the country at the time, and while it provided financial stability, many people did not trust such a powerful institution in...
In this essay, the author
- Explains that the united states has security in the banking system, but the situation pales in comparison to the late 19th and early 20th centuries.
- Explains that the era of free banking ended when the national banking act was passed in 1863, which allowed for nationally chartered banks to issue notes backed by government securities.
- Opines that while the federal reserve has grown and evolved significantly, it can't stop financial crisis all together.
- Explains that the first bank of the united states was founded in 1791, headquartered in philadelphia. with hamilton's influence, congress agreed upon a central banking system.
- Explains that the panic of 1907 woke people up to the idea that there current banking system needed a change.
1019 wordsRead More