Judicial Review: 1803 Chief Justice John Marshall Essay

Judicial Review: 1803 Chief Justice John Marshall Essay

Length: 1773 words (5.1 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

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.

The issue that the case resolved was itself of little significance. It was all based on an issue of political patronage, pitting the ascendant Jeffersonians against the upcoming departing Federalists. The feud between them was intense and came to a full out blood bath at court. The case can only be understood against the background of the election of 1800, in which Thomas Jefferson defeated the incumbent president, John Adams, and his Democratic-Republican party also gained control of the Congress (McNamara). In those days, there was a long lame duck period between the November election and the inauguration of a new president (The Charters of Freedom).

Adams appointed John Marshall as Secretary of State, and then appointed him also as Chief Justice of the United States when that position became vacant. The Federalist-dominated Congress passed the Judiciary Act of 1801, which created circuit courts of appeal much like they are today, and relieved the justices of the Supreme Court of their obligation to "ride circuit." It also increased the jurisdiction of the federal courts. Adams immediately appointed 16 new judg...

... middle of paper ...

...emocratic governance.

Works Cited

"Article III." LII / Legal Information Institute. Cornell University Law School, n.d. Web. 31 Mar. 2014.

Hamilton, Alexander. "The Federalist No. 78." The Federalist #78. Constitution Society, 18 Oct. 1998. Web. 31 Mar. 2014.

Linder, Doug. "The Necessary and Proper Clause (powers of Congress)." The Necessary and Proper Clause (powers of Congress). University of Missouri-Kansas City Law School, 2011. Web. 31 Mar. 2014.

McNamara, Robert. "Election of 1800 Was Significant and Controversial." About.com 19th Century History. N.p., n.d. Web. 31 Mar. 2014.

"The Constitution of the United States: Amendments 11-27." National Archives and Records Administration. National Archives and Records Administration, n.d. Web. 31 Mar. 2014.

"The Marshall Court, 1801-1835." The Supreme Court Historical Society. N.p., n.d. Web. 31 Mar. 2014.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay on The Judicial Branch

- The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch....   [tags: Judicial Review, US Government]

Powerful Essays
1506 words (4.3 pages)

John Marshall's Effect on the American Judicial System Essay examples

- 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]

Powerful Essays
1672 words (4.8 pages)

Influences on Judicial Power Essay

- Influences on Judicial Power      Under Article III of the Constitution the judicial branch was established, but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78, Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review....   [tags: Political Science Judicial Review Essays]

Powerful Essays
1468 words (4.2 pages)

Pros And Cons Of Judicial Review Essay

- Pros and Cons of Judicial Review      Judicial Review is the power given to Supreme court justices in which a judge has the power to reason whether a law is unconstitutional or not. Chief Justice John Marshall initiated the Supreme Court's right to translate the Constitution in 1803 following the case of Marbury Vs. Madison, in which he declared the Supreme Court as the sole interpreters of Constitutional law. This is one of the sole purposes of the Supreme Court of the United States. Many Historical thinkers would find some difficulty in imagining a government set up to limit the power of itself,but others would argue that this form of government best works for the people, and not agains...   [tags: Government Judicial Review Essays]

Free Essays
1015 words (2.9 pages)

The Importance of Judicial Review Essay

- By creating a Constitution, it is assumed that the people are going to agree to it as the law of the land. The Supreme Court is responsible for upholding the Constitution by interpreting the laws for the benefit of the people. The justices would be violating their oath if they were to oblige this obligation. If the Constitution were not the law of the land, why would it exist. This is the justification for judicial review, or the right of the court to declare legislative or executive unconstitutional....   [tags: American Government Constitution]

Powerful Essays
1212 words (3.5 pages)

Judicial Review: Federalist 78, Alexander Hamilton Essays

- ... In Federalist 78, written in 1787 to serve as propaganda to convince the American public to accept the Constitution, Alexander Hamilton argued that the Judicial Branch would not be able to harm individual liberties. Hamilton stated that the Judicial Branch can merely judge, and even then would be unable to accomplish anything substantial without the aid of the Executive Branch. [*] According to him, the Judicial Branch “has no influence over either the sword or the purse,” which the other two branches of government have control of, and is thus “beyond comparison the weakest of the three departments of power;...it can never attack with success either of the other two." [**] However, Hamil...   [tags: constitution, power, propaganda]

Powerful Essays
1059 words (3 pages)

Essay on Judicial Review

- Judicial review was enacted as a checks and balance step when concerning the government and the interpretation of the U.S. Constitution. Judicial review gives the court the power to review and change laws and government acts that violate the Constitution (Huq, n.d.). Allowing the court system this power helps prevent government officials from using the Constitution to illegally use their position in making laws and regulations in the United States. The judicial review was first used in an unusual way and under unusual circumstances....   [tags: Justice System ]

Powerful Essays
977 words (2.8 pages)

Judicial Review Essay

- After the 1800 election where Thomas Jefferson won, President John Adams proceed to fill the judicial branch with members of his own party, the Federalists. In response, Jefferson's party of the Republicans repealed the Judiciary Act of 1800. This act created new position on the bench for Federalist judges. The Supreme Court was threatened with impeachment if they overturned the repeal (Marbury v. Madison,1803). President Adams attempted to fill these new vacancies prior to the end of his term but some of the commissions were not delivered....   [tags: Justice System ]

Powerful Essays
863 words (2.5 pages)

Marbury v. Madison: Judicial Review Essay

- In the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court in 1801. The Constitution does not give power of judicial review. On Adams last day in office, several government officials upheld the case. Judicial review does not exist in countries that have a centralized or unitary form of government. The elected parliament declares it is the law of the land. Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review. President John Adams and the Federalist lost the election to Thomas Jefferson....   [tags: Marbury v. Madison]

Powerful Essays
1021 words (2.9 pages)

John Marshall: The Most Influential Chief Justice of the Supreme Court Essay

- 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]

Powerful Essays
659 words (1.9 pages)