ipl-logo

Why Is John Marshall Important

840 Words4 Pages

John Marshall was a key founder of the judicial branch of government, with his political opinions he laid the foundation for the United States Supreme Court. He had practically no schooling and only studied law for a short amount of time, but changed the nation drastically for the better helping to determine what the constitution could and could not do. Through many court cases Marshall helped established the power of state and federal government, creating the prosperous nation that is known today. John Marshall’s most important trial was Marbury vs Madison in 1803, this famous court case established what became the most important practice in the Supreme Court, judicial review. William Marbury the Secretary of Peace started a petition for which his commission was not delivered by the Secretary of State. Marbury pushed to sue James Madison for not receiving the commission, but under the Judiciary Act of 1789 the petition brought to the Supreme Court was declared unconstitutional and therefore illegal along with James Madison not delivering the commission. Thus the case ended establishing judicial review, which led to a set of rules that put the state and federal powers in check. The reason judicial review is so important is because it gave the federal court the power to decide whether or not something was …show more content…

The state of Maryland attempted to tax all notes not chartered in the state, this was a clear target put on the Bank of the United States. This case helped prove that the bank was indeed constitutional and that the states did not have the power to claim something unconstitutional, further instituting the federal and state power boundaries. As the series continued a common theme started to show itself, it's that federal power massively outweighs state power, which the United States founding fathers wanted to

Show More
Related

  • Case Study: Mcculloch Vs. Maryland

    643 Words  | 3 Pages

    McCulloch vs Maryland Summary In case of McCulloch vs Maryland is a landmark case that questioned the extent of federal government 's separation of power from state government. A problem arose when the Second Bank of America was established. With the War of 1812 and it’s financial suffering in the past, the government sought to create a bank with the purpose of securing the ability to fund future wars and financial endeavors. Many states were disappointed with this new organization, one of them being Maryland.

    Read More

  • Mcculloch Vs. Maryland Case Analysis

    578 Words  | 3 Pages

    Maryland, happened in 1819. In this case the state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch, a cashier for the Baltimore, Maryland Bank, was sued for not complying with the Maryland state tax. This cause a issue because people began to ask if the Congress had the power to establish a National Bank under the constitution. The case end in the Supreme Court and they decided that according to Article 1, Section 8 of the Constitution the Congress had the power to create the BUS and that the state of Maryland did not had the power to tax the

    Read More

  • Mccullouch V. Maryland Case Study

    539 Words  | 3 Pages

    The Federalist stronghold of the Marshall Court issued rulings that explicitly reshaped the balance of power between state and federal governments. The authority of the United States was questioned in the case of McCullouch v. Maryland (1819) in its ability to open the Second National Bank. Prior to the lawsuit, the extent of the federal government’s power was unclear. The state of Maryland believed it had the right to tax the federal government for opening the bank. Marshall’s ruling extended the power of Congress through the necessary and proper clause.

    Read More

  • Compare And Contrast Marbury Vs Madison

    530 Words  | 3 Pages

    The commissions were unable to be writ prior to John Adams leaving office and when President Jefferson took office and ordered acting Secretary of State James Madison to cancel the majority of these judgeships. Effectively giving us Marbury vs. Madison

    Read More

  • How Did John Adams End His Presidency?

    573 Words  | 3 Pages

    What was President John Adams goal before he ended his presidency? The Organic Act, this act was perfect it was to ensure that though John Adams was not going to be president anymore he would still have a majority of federalist become dominate and have federalist ideologies pretty much mandate the federal judiciary. He took action and choose forty-two justices of the peace and sixteen circuit court justices for the District of Columbia, but his plan later failed after the documents were not delivered on time and new president Thomas Jefferson choose not to submit the completed documents. William Marbury one of the recipients that was chosen by John Adams, refuse to accept Jefferson’s decision and took matters into his own hands. The facts of the case were vividly sought out, Marbury was to be appointed as justice of peace and his paperwork was completed and ready to be submitted before he could take office.

    Read More

  • Court System: The Marbury Vs. Madison Case

    610 Words  | 3 Pages

    The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.

    Read More

  • John Marshall's Supreme Court Cases

    252 Words  | 2 Pages

    John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

    Read More

  • How Did John Marshall Impact On American History

    646 Words  | 3 Pages

    In both the McCulloch v. Maryland and Gibbons v. Ogden cases, John Marshall asserted the power of judicial review, and legitimatized the Supreme Court within the national government. The Marshall Court, over the span of thirty years, managed to influence the life of every American by aiding in the development of the judicial branch and establishing a boundary between the state and national government. John Marshall’s Supreme Court cases shaped how the government is organized today. He strongly believed in Federalism, and that the national government should be sovereign, rather than the states. The Supreme Court under John

    Read More

  • Marbury Vs Madison Case Summary

    556 Words  | 3 Pages

    In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

    Read More

  • John Marshall's Three Main Court Cases

    811 Words  | 4 Pages

    John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.

    Read More

  • Chief Justice John Marshall: The Balance Of Power In The United States

    504 Words  | 3 Pages

    The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.

    Read More

  • John Marshall Research Paper

    439 Words  | 2 Pages

    He wrote 519 of the opinions himself. He helped establish the Supreme Court as the final authority on the meaning of the Constitution and issues dealing with the decisions that must be decided by the federal courts. John Adams was so fond of him that he wrote this piece to show the impact that Marshall made. “My gift of John Marshall to the people of the United States was the proudest act of my life.” (Adams, n.d.)A major change that Marshall made within this time in the courts was that Supreme Court practice handing down a single opinion.

    Read More

  • Framers Vs Constitution

    1618 Words  | 7 Pages

    This gives court the power to void any laws that they think violates the Constitution. In 1803, the Supreme Court case Marbury vs. Madison created the power for the judicial branch to interpret the Constitution and apply it to the actions of the executive and legislative branch. This is arguably one of the first major Supreme Court cases that helped emphasize the Supreme Court. Supreme Court Justice John Marshall gave the opinion of the court and wrote that, “the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument” (Marshall). Having judicial review has allowed the court to become a powerful force of change because it makes it possible for the judicial branch to have an influence on government actions that could potentially harm citizens.

    Read More

  • Justice Thurgood Marshall Analysis

    1324 Words  | 6 Pages

    Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

    Read More

  • Why The Judicial Branch Is The Most Powerful

    478 Words  | 2 Pages

    The Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into

    Read More

More about Why Is John Marshall Important

Open Document