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. In these crucial times, the Judicial Power had problems controlling the other powers. It was a challenge for the Supreme Court to exercise the powers granted by the new Constitution. Federal Government was not generally appreciated and its formation also caused many disagreements and debates.
The 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.
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...
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...y the framers were not in vain. Checks and balances do work and it is one of the greatest strategies of fair governmental system in the world.
Bork, Robert H. The Tempting Of America. New York: The Free Press, 1990.
Burns, James MacGregor, J.W Peltason, Thomas E. Cronin, and David B. Magleby. Government By The People. 01-02 Edition ed. New Jersey: Prentice Hall, 2002
Cox, Archibald. The Court And The Constitution. Boston: Houghton Miflin CO,1987.
Dye, Thomas R. , L. Tucker Gibson Jr., and Clay Robinson. Politics In America. Brief Texas Edition ed. New Jersey: Pearson, 2005.
Hobson, Charles F. The Great Chief Justice, John Marshall And the Rule Of Law. University Press Of Kansas: Wison Garey McWilliams & Lance Banning, 1996.
Shnayerson, Robert. The Illustrated History of The Supreme Court Of The United States. New York: Abrams, 1986.
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