Hobson explains that he has examined Marshall 's judicial writings though "the perspective of the common law tradition in which [Marshall] was bred" (Hobson xiii) in order to better understand his intentions. He states that Marshall carefully read legal texts with great attention to detail in an attempt to determine the intent of the writer. Similarly, Hobson tries to gain a better understanding of Marshall 's principles through his writings.
Three significant life experiences helped to build Marshall 's political principles and had an influence over his judicial career: the American Revolution, the state legislature of the 1780s, and his time as a judge at the Virginia Court of Appeals. Living during the American Revolution meant Marshall rejected the idea of being ruled by a monarchy. Instead, he advocated for a republican government, viewing the government as an entity charged with protecting individuals ' natural rights. As a state legislator, the 1780s also had a direct influence on Marshall 's way of thinking. During this time, he watched the majority, along with other dominant political interests, claim power over those he described as the "wise and virtuous." This experience led to him seeing the judiciar...
... middle of paper ...
Despite the political roots the case arose from, Marshall believed the Court should only make decisions in cases that involve the legal rights of individuals. In his opinion, he acknowledged that Marbury had a legal right to the judgeship; however, the decision of the Court to reject his petition was based upon the unconstitutionality of the Judiciary Act of 1789, which was determined to expand the scope of the Court 's power. Marshall demonstrates his beliefs regarding the separation of law from politics, a theme that resonates throughout his other opinions set forth with the Court. This theme stems from his experiences during the 1780s, where it was shown to him what happens when people with corrupted interests make decisions based upon political gain. Marshall believed the Supreme Court and the judiciary should be isolated from and above such politics.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- John Marshall: The Most Influential Chief Justice of the Supreme Court In the beginning years of the United States Constitution, the Supreme Court was a struggling institution due to the lack of effectiveness of the Chief Justices and was not highly regarded by the executive and legislative branches of the government. The third Chief Justice in only twelve years, John Marshall put an end to the Supreme Court’s lack of influence after his appointment by President John Adams in 1801. John Marshall was the most influential Chief Justice of the Supreme Court because he was the first to make it a just and effective establishment that was equal to the two other branches of government by his co... [tags: Law Legal]
659 words (1.9 pages)
- The first U.S. Supreme Court case to apply the principle of "judicial review" - the power of federal courts to void acts of Congress in conflict with the Constitution is considered to be one of the most important cases in the Supreme Court history. This case was a landmark United States Supreme Court case because the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution (LII). Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive.... [tags: landmark US Supreme Court cases]
1773 words (5.1 pages)
- Chief Justice John Marshall was an intelligent man who served in the United States Supreme Court from 1801 until the year 1835. During this time, Marshall heard over 1,000 cases and wrote 519 decisions (Fox). One of the cases he heard took place in 1824, and it’s known as Gibbons v. Ogden. This case is a rather simple one, but an important one nonetheless. A problem arose when two men, named Thomas Gibbons and Aaron Ogden, found out that they were both operating steamboat ferries along the same route.... [tags: U.S. state, United States Constitution]
1609 words (4.6 pages)
- John Marshall's Effect on the American Judicial System I.Introduction In the early years of the eighteenth Century, the young United States of America were slowly adapting to the union and the way the country was governed. And just like the country, the governmental powers were starting to develop. Since the creation of the Constitution and due to the Connecticut Compromise, there is the Executive, the Legislative and the Judicial Power. But the existence of those powers was not always that naturally.... [tags: US History John Marshall]
1672 words (4.8 pages)
- In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.... [tags: United States Constitution, U.S. state]
811 words (2.3 pages)
- John 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. John Marshall established supremacy of the Supreme Court over Congress and the judicial courts.... [tags: United States, Supreme Court of the United States]
719 words (2.1 pages)
- ... Marshall biggest case as lawyer was the Brown v. Board of Education of Topeka. Thurgood was appointed director counsel for NAACP in 1939. In 1940 thurgood prepared his first Supreme Court brief the Chambers v. Florida the NAACP sought to overturn the conviction of the three accused black men for kill the white man in Florida. After five~days of nonstop grillin by Florida Police the tree confessed to the crime. Four years later in 1944 he successfully argued the Smith v. Allwright and overthrown the South’s “white primary”.... [tags: law school, the legal system]
999 words (2.9 pages)
- 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.... [tags: United States Supreme Court, Court System]
1506 words (4.3 pages)
- Chief Justice Earl Warren Earl Warren was born March 19, 1891 in Los Angeles, California. Earl’s father was a Norwegian immigrant, which left him dealing with prejudice and equal rights at a very young age (Grace, 1). This lead to early indications that law would be Earl’s profession. Even before entering High School, he listened to criminal cases at the Kern County courthouse. Attending the University of California at Berkeley, Warren worked his way through college. He majored in political science for three years before entering the law school at UC.... [tags: essays research papers fc]
1380 words (3.9 pages)
- The late 1700s and early 1800s was a critical time period in American history in which our newly independent nation was beginning to lay down the groundwork for how the country would run. During this time, America was in its infancy and its crucial first steps would dictate how the nation would either walk, run, or retreat. John Marshall, the fourth Chief Justice of the Unites States, was a highly important and influential political figure whose decisions forever molded the future of the American judicial system.... [tags: American History, Politics]
1799 words (5.1 pages)