What Are The Most Lasting Effect On American Government?

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. Like many other great political figures, much of John Marshall’s influence can be attributed to timing; he emerged just as the United States Constitution came into existence.

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

Throughout the lifespan of the American government, there have been changes to the different branches. One cannot simply claim that they are exactly as the Founding Fathers had designed them and pictured them; they have become so much more. Among these changes are the adoption of the 17th Amendment, the general surrender of control of power to the executive branch, and the centralization of power to a couple of congressional leaders in recent years. These are some of the most important changes that have altered the Congress and the American government in general.

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.

Marshall believed in loose construction; believing that the constitution needed to be adapted to the time and period

The Federalists Papers were written in the eighteenth century by James Madison, Alexander Hamilton and John Jay in an effort to persuade New Yorkers to ratify the new U.S. Constitution. These papers are said to be the key that unlocks the true interpretation and meaning of the Unites Sates Constitution. One of the controversial topics relating to the Constitution that the Federalists Papers help to straighten out, is the practice of judicial review by the Supreme Court. In this essay, I will point out many of the examples Alexander Hamilton gives in Federalist No. 78 that support the idea of the Supreme Court having power of judicial review over all levels of

Marshall complained that the Constitution is the “supreme law of the land” and that the Supreme Court ultimately has the final say so when it comes to evaluating the meaning of the Constitution. Marshall states, “ lt is emphatically the province and duty of the judicial department to say what the law is.” To present Marshall’s initial plea at hand, Marshall argues that the Judiciary Act of 1789 was unconstitutional. In Marshall 's perspective, Congress could not present the Supreme Court with the power to issue an order granting Marbury his commission. Only the Constitution could do so, and the document said nothing about the Supreme Court having the power to issue such an order. Thus, the Supreme Court could not force Jefferson and Madison to appoint Marbury, because it did not have the power to do so.

In the decision regarding Gibbons v. Ogden, Marshall ruled that a state can't grant a monopoly when it is related to interstate commerce. This gave supremacy to the national government in issues regarding interstate commerce. Through his interpretation of Article I, Section 8 of the Constitution, John Marshall successfully increased the power of the national government.

John Marshall was a Federalist Chief Justice during Thomas Jefferson’s term and was Jefferson’s cousin. Marshall held the position of Supreme Court Justice for 34 years which allowed him to define the basic relationship of the judiciary to the federal government. He believed that the national legislature was supreme over state legislature which influenced all of his court decisions throughout his time in court. John Marshall pursued a loose interpretation of the constitution because he had to create power through the Elastic Clause to provide a just assessment of the case. The Elastic Clause allowed Congress to have power and add laws to the Constitution as necessary which gave Marshall the jurisdiction to bring justice with

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 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. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

As a newborn nation, America had many tasks ahead of it, such as structuring a well functioning government, economy, and court system. Two men who had an extreme influence over these things were Alexander Hamilton and John Marshall. Both had brilliant ideas to bring forth and would eventually shape the nation to be a land of economic prosperity and fairness. Hamilton’s financial plan began the emergence of an economically superior country and ended in the creation of political parties that would change the face of the nation. John Marshall’s rulings resulted in precedents still followed today and interpreted the Constitution in a way that would transform the Judicial branch for the rest of history. Both of these men began the nation’s history in a way that is unparallel to most other leaders of the new nation.

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.

The purpose of this paper is intended to summarize my views on what has influenced my understanding of politics and government prior to taking this class, and how my understanding is now since completing this course.

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