Why Did Marshall Increase The Power Of The Federal Government

The creation of the first national bank in the United States was of utmost importance in setting precedence for how much power the constitution actually grants the government. The debate over whether to create a national bank raised many questions over the constitution that hadn’t been tested before. It also raised questions about what the government can do when the constitution has no written clause on a certain subject. In looking at the arguments from Alexander Hamilton, James Madison, and Thomas Jefferson regarding a national bank, people can find out more about how some of the leading founders of the Constitution wanted to see the United States government run.

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

There was a long lame duck period between the November election and the inauguration of a new president, and the Congress that met in December 1800 was the old Congress. The Federalist controlled Congress passed the Judiciary Act of 1801, which created circuit courts of appeal, and relieved the justices of the Supreme Court of their obligation to travel around the country to hear cases. It also increased the jurisdiction of the federal courts. Adams immediately appointed several new judges and the Senate confirmed the 16 new judges to these courts, all Federalists. James Madison was one of the 42 Justices of the Peace that were also created with the Judiciary Act of 1801. These Justices served the Washington and Virginia areas. It is also important to know that all of these Justices were also Federalists. Adams was trying to stack the Judiciary with the outgoing Federalist Party members. Many of these Justices were qualified to hold these jobs however.

However, the state of Maryland tried to block the activity of the national bank by imposing tax to all the notes that were issued. The branch manager of the bank in Baltimore refused to pay taxes and lawsuits were filed in the Maryland Court. However, the case was brought up to the U.S Supreme Court as the Constitution did not subjectively describe that Federal Government had the authority to establish a bank. The U.S Supreme Court led by Chief Justice John Marshall ruled out the case that acknowledges that the Congress has the rights to establish a national bank under Article 1 Section 8 in the American Constitution. This shows that the US Constitution was vaguely described and gave the Congress an insight to pass laws as long as it is within the Constitution. However, this gave the Federal Government to create the mentality to indirectly gain more power which restricts the States sovereignty.

President James Madison enforced many economic policies that greatly reflected nationalism. The economic policies included the creation of the second national bank which purpose was to provide a stronger currency since the former currency was not always reliable and plentiful. Creating a stronger currency would strengthen the national economy. Another example was the Tariff of 1816 that was issued to protect industries against foreign competition therefore strengthening the economy. Also, the creation of internal improvements such as canals, roads and developments in transportation would to improve commerce and economy. These efforts to strengthen the economy and America in general shows that people were filled with nationalism and wanted to confirm that America is the greatest nation.

In Marbury v. Madison in 1803, Marshall overturned an act of congress for the first time that conflicted with the constitution. It was a daring step for a politically vulnerable court and Marshall crafted the opinion in such a way that Thomas Jefferson could not reject it. John Marshall had strong views that made him dominate the court from 1801 to 1835 and personally responsible for evaluating it in person of real authority. Marshall, also shared his power with other follow Justices that often curved his opinions in order to arrive at consensus decisions. Marshall established a model that all future Chief Justices would be measured to. The United States Supreme Court used the Necessary and Proper Clause in the McCulloch v. Maryland case. McCulloch v. Maryland case debated that if congress have the power to charter a bank. In 1791, the first charted bank; the First Bank of the United States was created, but the

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

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 McCuloch v Maryland, the court turned to the "necessary" and "proper" clause which grants Congress enumerated powers which include the power to regulate collect taxes. President Jackson explains the necessity in regards to the functions that the bank is trying to fulfill: The "degree of its necessity,”

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

This document indicates how the value and the role of the Supreme Court revolved over the course of American history. The idea of separation power and three branches of government wasn’t as clear as it is today. In fact, when the United States was first established, during the Philadelphia Convention of 1787, no one was clear on to what extend should the judicial power be

The Marshall Court has left numerous legacies in place in order to help establish this great nation. Chief Justice Marshall was a man that had many impacts on our Government from strengthening the authority of the Supreme Court in Marbury v. Madison, which gave the courts judicial review, to Gibbons v. Ogden, which gave the national government undeniable power over interstate commerce by ruling a New York steamboat monopoly invalid. There were many other cases as well that were important to the government’s growth; such as Fletcher v. Peck that made it where a state law can never overthrow anything that came against the Federal Constitution. Chief Justice Marshall presided over many cases and ruled over such cases in a way that he felt would benefit the ever growing American nation. Through it all he helped establish three legacies; helping to make the federal government supreme over all things that would control the economy, he also helped to open the pathway where there’s an increased federal part to be played in economic growth, and finally in an effort to further any and all new industrial capitalist economy, he helped to make permanent protection for corporations and private businesses so that the states couldn’t interfere. These legacies helped to establish a better American nation in more ways that we can know. A key part of all of this

Established in 1789, the Supreme Court was created to interpret the meaning of the Constitution and to use that interpretation to declare any actions of the Legislative or Executive Branches unconstitutional. However, the Supreme Court was capable of also acquiring more functions as evidence of the landmark case of Marbury v. Madison (1803). The case dealt with President John Adams appointing sixteen new circuit court justices for the District of Colombia. Adams appointed these justices so that his political party would have more justices than the rival party. Problematically, the appointment letters were not delivered by the end of his term. By that basis, President Thomas Jefferson annulled the appointments because he retained the right to appoint the justices during his time of jurisdiction. Consequently, this aggravated the appointed justice and therefore one of the justices named William Marbury filed a case in the Supreme Court over the commissions that they were promised (Goldstone). The Court ruled that Marbury did have a right to commission and also with it made a statement that enacted the doctrine of Judicial Review. This meant that the court had the "right to review, and possibly nullify, laws and governmental acts that violate the constitution. Judicial Review is a means of assuring that politicians and various other leaders adhere to the constitution and do not use powers granted to them by

Was an argument between McCulloch vs Maryland. The argument was a battle between whether the constitution allows a national government to run a bank. As well as does the constitution allow state governments to tax a national bank operating within its borders? However the Supreme Court ruled in favor of banks being able to be built and run by the national government. However they ruled that state governments are unable to tax a national bank that is within their borders.