Shaping The American 's Legal System

Before the Marshall Court, the United States Supreme Court functioned much like the courts in England in which more than one judge offered his decision on the case at hand. Shortly after becoming Chief Justice, Marshall changed this English tradition so that only one opinion was delivered by one of the justices, most often the Chief Justice (Rehnquist 40). By changing this tradition John Marshall set the U.S. Supreme Court apart from the English Courts at the time and began to define our unique judicial system.

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

The Supreme Court was established in 1789, with its powers stated in Article III of the newly-ratified United States Constitution. In the years leading up to the Marshall era, the Court was little more than a shadow of its future self. It lacked both the prestige and authority of the latter 19th century. John Jay–and his successors, Rutledge and Ellsworth–oversaw few cases, and ever fewer significant ones. Often cited as an example of the early Court’s inefficiency, their most

When Chief Justice Marshall first established the important principle of judicial review in Marbury v. Madison, his goal was to give the judicial branch a safeguard by expanding the Court’s power and legitimizing the weakest branch of

Maryland; this was a case that declared that it was unconstitutional for the state government to tax the bank of the United States. James McCulloch had refused to pay the state tax. In his perspective, he believed that the states didn’t have the power to tax the national bank. However, Maryland argued that they had the ability to tax any business within their state. This brought into question if the establishment of the National bank was constitutional in the first place. In this law case, the Supreme Court made the final decisions that Congress has the power to create a national bank, and they also declared that Maryland could not tax the national government. The declaration proposed by the Court helped the federal government gained more

Ferguson decision of 1896. These three decisions were responses made to cases filed by African Americans, but they impacted all Americans more than any other Supreme Court decision. Also, these decisions highlight the gradual development of equal rights in the United States and demonstrate how equal rights in education became a beacon for social justice that subsequently changed

Despite Jefferson’s wishes, the Supreme Court under Chief Justice John Marshall, a Federalist and Adams appointee, increased its power during his administration. In Marbury v. Madison (1803), the Marshall Court established the right of the Supreme Court to determine whether an act of Congress violates the Constitution—the power known as “judicial review.” The Marshall Court also soon established the right of the nation’s highest court to determine the constitutionality of state laws.

On Febuary 24, 1803, Chief Justice John Marshall made a ruling that would shape the United States for the rest of its life. In the case it was Marbury v. Madison, they ruled in favor of Madison, because they believed that it was not in their jurisdiction. With that being said John Marshall created "Judicial Review" that gave the Supreme Court the power to decide if a law is un-constitutional. On the other hand Thomas Jefferson believed that if anybody had the right to determined what was un-constitutional or not it should belong in the hands of Congress. I believe congress has the right to decide what is constitutional because, the people elect the congress, all members of congress serves terms, and the congress has greater numbers then the

The court established that the federal government. The state of Maryland had tried to tax the Bank of the United States. Marshall said that the power to tax was the power to destroy. Creating a national bank was “necessary and proper.” A state should not be able to interfere with

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 court rulings and policies.

The decision finally came by John Marshall and his Supreme Court on March 2, 1824. Marshall had decided that because the Constitution declared Federal law supremacy, any law passed by Congress should be the superior force. However, only those State laws that conflicted with Federal laws and jurisdiction, therefore deemed unconstitutional, should be rejected. Therefore, States had the power to regulate their own trade, such as the southern slaves, but the Federal Government had the final say, and ultimately, supreme power. Congress henceforth could control intra and interstate commerce as the Constitution specified.

The President is given the power to veto or restrain Congress and the authority to appoint members of the Supreme Court with the advice and consent of the Senate. In this system the role of the Supreme Court has not yet been defined. Therefore it fell to a strong Chief Justice like Marshall to complete the checks and balances. Making the principle of judicial review. No other was unconstitutional until the Dred Scott case back in 1857. The Supreme Court invalidated the Federal and the state laws to the Constitution was never seriously challenged. Woodrow Wilson said “That the constitution of the United States was not made to fit like a strait jacket it is elasticity lies it is chief

While independence of the courts was a factor in achieving balance of power among the governmental branches, Hamilton additionally states that the judicial branch is the weakest and “least dangerous” branch unless, in its independence, it is able to act. “The judiciary... has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution.... It may truly be said to have neither FORCE nor WILL, but merely judgment.” The courts are thus enabled only by the executive branch to enforce decisions and are explicitly forbid to interpret laws founded on its views. With only the power to make judgments and no power to act, the judicial branch could not contribute to an equal balance of power among the three branches.

Many of America’s democratic principles are drawn from the constitution like the checks and balances system. The supreme court’s power of judicial review was not mentioned in the constitution. It evolved following the Marbury Vs Madison case and was not granted by the constitution. The Supreme Court therefore does not have the authority to carry out judicial review and become a quasi-legislative branch because the constitution granted this power to Congress.

The early federal courts failed to issue strong opinions or even take on controversial cases. The Supreme Court was not even sure if it had the power to consider the constitutionality of laws passed by Congress.