The Marshall Era

Freedom from Great Britain meant a new nation, a new Constitution, and in need of a new court system. The Supreme Court was established, The Marshall Court leading in laying the foundation for American constitutional law. Under the rule of Chief Justice, John Marshall, the legal authority of the Supreme Court was instituted. Serving for three decades, he made a name for himself as a prominent member of a founder of America’s development of a legal system. His legal opinions were held in high esteem, giving him the ability to develop several orders in favor of the newly founded judicial branch, which are still followed today. Marshall’s idea of judicial review, supporting of federalism, and restraining powers previously reserved to the states

At the the same time, the court restrained the federal government's power. In the historic case Barron V. Baltimore, Barron sued Baltimore for damages to his wharf on the Baltimore wharf. Marshall made the argument the the Bill of right applied to the federal government, not state. The Fifth Amendment, “guarantees that government takings of private property for public use require just compensation, are restrictions on the federal government alone” (“Barron V. Baltimore” 1). The first 10 amendments did not apply to the states unless it was specifically stated. The Judicial Branch secured their authority and ability to check over federal actions and being a significant role in government. In opposition to the Marshall Era’s rulings, Thomas Jefferson states, “The Constitution . . . is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please” (“History of the Supreme Court of the United States” 1). The Judiciary now had the ability interpret the Constitution, gaining their role in the governmental

Without Marshall, the judicial branch may have failed to exist, with the Supreme Court having little to no power on the decisions of constitutionality of federal actions. Assumption of State and Federal powers may not have been able to be distinguished without his expressed approval of equal power amongst the two institutions. The federal government’s power to do whatever is necessary and proper was enforced, as well as the state’s pardon of the Bill of Rights. The Marshall Era determined crucial decision in cognizance to the American judicial