John Marshall Research Paper

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

John Marshall was the Secretary of State for President Adams. It was his job to deliver these commissions to the new appointees. Many of them were delivered, but some were not, including, William Marbury's. When the new President, Thomas Jefferson, was sworn in, he told the new Secretary of State, James Madison, to not deliver the commissions to the other judge appointees. Marbury and several others brought

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 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”).

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

That day, the justices honed in on the Fifth Amendment aspects of the case, which pleased John Flynn to no end. The last man to present a position in the case before the court was Thurgood Marshall, whose personal opinions were diametrically opposed to the position of his employer, the U.S. government.

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

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

James was elected the 5th president of the united states after there were very close votes. The votes were 65 for Monroe and 54 for Adams. James served as president from1817-1825. Before he was elected for his first term, Monroe selected Daniel D. Tompkins as his candidate for vice president. Once elected to office, Monroe and Daniel were joined on their cabinet by John Quincy Adams (1817-1825) as secretary of state William H. Crawford (1817-1825) as secretary of treasury. John C. Calhoun (1817-1825) as secretary of war.

In composing the choice, John Marshall contended that demonstrations of Congress in strife with the Constitution are not law and in this way are non-tying to the courts, and that the legal's first obligation is dependably to maintain the Constitution. In the event that two laws strife, Marshall composed, the court bears obligation regarding choosing which law applies in any given case. Consequently, Marbury never got his

John Marshall was born in 1755, the oldest of 15 children born to Thomas and Mary Keith Marshall in Fauquier County, Virginia. Marshall's formal education began at age 14 at the Campbelltown Academy in Westmoreland

Antonin Scalia served as an Associate Justice from the years 1986 to 2016. In which Scalia was an extremely important player for the conservative party and wrote many well-known, important and wonderfully well worded opinions on many cases the Supreme Court decided during his service as an Associate Justice. Scalia came from a small family in New Jersey with an Italian heritage. Throughout his youth he developed strong conservative views that guided his decisions through life and that ultimately led him to the Supreme Court where he helped shape the legal world with his opinions and dissents.

He was a key impact on court cases and lead a big roll. In the political parties Scalia’s chose a good path to enroll in. It lead him to have a great

When John ascended the throne he also saw in Marshall someone he could use. Although during his rule Marshall spoke against him and they had a falling out over Ireland, Marshall remained loyal to John until his death; even fighting against his own son. When John died his loyalty was rewarded with the high honor of being placed regent of the kingdom. It is my interpretation that this is one of the reasons Marshall is so highly regarded.