Michael J. Scinto
Professor Paul Rego
American Government (Politics 113)
20 - Nov - 2014
The Legacy of John Marshall Few individuals have left as prominent a mark on the United States as Chief Justice John Marshall. An ardent Federalist, he worked throughout most of his life to separate the powers of national and state government, furthering the agenda of his party long after they dissolved.
In Marbury v. Madison, he led the Court in striking down an act of Congress that was in conflict with the Constitution, legitimizing the doctrine of judicial review. Over the course of his thirty-four year term, Marshall oversaw numerous landmark cases, his decisions in which played an undeniably critical role in the early development of American law. Thanks to his firm hand and consistent principles, he was able to secure the institutional power of the Supreme Court in the face of staunch Jeffersonian opposition—affirming its place as an equal among the Executive and Legislative branches of government. 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
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 America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his
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
“Presidents come and go, but the Supreme Court goes on forever,” declared by past President William Howard Taft. Dated in 1789, the Judiciary Act by signed by Congress, which was demanded by the United States Constitution. This past principal court was ruled by a Chief Justice and five Associate Justices, accordingly today we still have a Chief Justice, but we currently have eight Associate Justices. The current Supreme Court has John G. Roberts, Jr. as Chief Justice, and the following are the current Associate Justices: Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, Samuel Anthony Alito, Jr., Sonia Sotomayor, and Elena Kagan. Clarence Thomas, a conservative, best known as the second
The establishment of one of the most influential powers of the Supreme Court--the power of judicial review-- and the development of the judicial branch can be attributed to Marshall’s insightful interpretation of the Constitution ("The Marshall Court”).
John Marshall is an American patriot who climbed to success through hard-work, determination, and a strong will to protect the constitution of The United States of America. He held many prominent places in American government as well as on front lines of the army defending freedom. John Marshall became the fourth Supreme Court justice for three whole decades, issuing major verdicts on cases that helped to develop, limit, and divide government power.
Increasing the power of the national government as well as the judicial branch made John Marshall a prominent figure of the
John Marshall was a humble son, and continues to be a kind older brother, a loving husband and father, and a dear friend to many. He was a soldier for the Revolutionary Army, a successful lawyer, a congressman, and Secretary of State. Most importantly, he is Chief Justice of the United States. As Chief Justice, John Marshall has made the Supreme Court a strong and powerful body.
Clarence Thomas is the very second African American justice to serve on the supreme court of the united states he was controversially appointed in 1991 And leans conservative.
John Marshall, who had almost no formal schooling and studied law for only six weeks, nevertheless remains the only judge in American history whose distinction as a statesman derived almost entirely from his judicial career. John Marshall became the fourth chief justice of the U.S. Supreme Court in 1801. He is largely responsible for establishing the Supreme Court's role in federal government. Under Marshall, the Supreme Court adopted the practice of handing down a single opinion of the Court, allowing it to present a clear rule. John Marshall’s principles established legal precedents and formed the cornerstone of the government and altered the economy for the better.
Madison was incredibly important to the future of our government because it allowed the Supreme Court to become its own political and constitutional branch of the government. The Supreme Court case set precedence for judicial review which is still used within the court today. The power to review federal legislation was a landmark decision and it has severed its purpose within our federal government for over 200 years. John Marshall’s decision allowed the Republican and Federalist party to proceed without gaining too much political control. The decision also served as another check which balances our federal government to ensure that there is no collaboration within different branches to proceed with federal legislation that would violate the rights of individuals in the United States. Without the power of judicial review, many landmark cases may have ended with a different result. The Supreme Court has used judicial review to rule that the United States government has certain implied powers under the Constitution, it has also ruled that police must inform suspects of their rights before questioning, and that separate schools are not equal. Many of the cases that the Supreme Court has ruled on using judicial review have been landmark cases that have advocated for the rights of individuals and institutions under the laws of the constitution. It has also ruled that the President of the United States is not above the law. Without the
If Marshall’s actions were iconic, then after the Marbury v. Madison case, he would have been credited with the creation of judicial review. In reality, Marshall’s decision of allowing the courts to review the decisions of the legislative and executive branches was seen “as only a step in the continuous clarification of the theory of judicial function”(Clinton 117). So this supposed creator of a pivotal Judicial component was only seen as a stepping stone. Through the remainder of Marshall’s career as Chief Justice, no one revisited his thoughts on the Marbury v. Madison case, until his successor, Roger Taney, did in Dred Scott v. Sanford. Roger Taney seemed to have the same viewpoints as Marshall, always trying to keep the checks and balances intact and equal. He kept this dedication through the Dred Scott v. Sandford case, using judicial review to rule the Missouri Compromise of 1820 unconstitutional. Strangely, “Marbury’s importance as a precedent for judicial review of legislation was never mentioned by the Court”(Clinton 119). If Marbury v. Madison was such a pivotal case, then it would
The Court’s final decision was unanimous and it denied Marbury’s request for the writ of mandamus. Marbury never received his appointment. This case is significant because it established the concept of judicial review. The Constitution does not specifically grant the judiciary this power. Judicial review allows federal courts to review laws and determine if they are constitutional or not. This gives the judiciary the power to void any laws that are found to violate any part of the Constitution. Therefore, Chief Justice John Marshall ruled that the portion of the Judiciary Act of 1789 that gave the federal courts the authority to hear mandamus cases was unconstitutional. Ironically, Chief Justice Marshall is the person who was the Secretary of State under Adams that sealed Marbury’s appointment.
“That’s when my first direct thought occurred: I want to kill them all” (Patterson 18). Private Games is set in London, England at the Private Investigations London office. The 2012 Olympic games in London are about to happen and a Games organizing committee chair was ruthlessly murdered. The man that claims to have killed organizing committee chair, Sir Denton Marshall, sends a letter to reporter Karen Pope who is working the games as a sports reporter. The man calls himself Cronus promising to bring the games back to their Ancient Glory. The main investigator on this case for Private Investigations is Peter Knight. Peter has close ties to this case due to the fact that Sir Denton Marshall was his mother’s fiancé. Pope and Knight will have
In any contract there are legal and spiritual ramifications that must be taken into account, and this situation has several legal and spiritual factors. What should I do about continuing business with Marshall? If I elect to stop doing business with Marshall, what legal causes of action might he bring against my company, what damages or remedies might he seek, and what legal defenses might my company have? What are the potential impacts on Marshall’s continued exploration of his faith? What biblical options are available for resolving your disputes with Marshall? There are many ways to analyze this problem to determine what route I need to take. I feel that I must take my time make a proper decision by looking at everything from a legal perspective followed by a spiritual perspective. Additionally, as Dr. Kippenhan (n.d.) stated in her presentation Biblical Dispute Resolution, “Be like our God, slow to anger” (https://learn.liberty.edu/webapps/blackboard/content/listContent.jsp?course_id=_281273_1&content_id=_12130777_1)