Marshall Court Case Study

The Constitution pays a massive role in court decisions both in the federal and state cases. If the State Supreme Court cannot come to a decision on a case, the case will be turned over to the Supreme Court who has the final authority in interpreting the meaning of the Constitution in any case. The courts also have the power of judicial review—to declare a law unconstitutional. Due to the decision of Chief Justice John Marshall the Supreme Court has this power from the case of Marbury v. Madison in 1801. The case Marbury v. Madison took place during the election of 1800 when Thomas Jefferson defeated President John Adams, but the new administration did not take office until March of 1801. When the new administration took office James Madison (Secretary of State) discovered that some commissions were not delivered. One of the people whose commission had not been received

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 United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,

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”).

During the trial of McCulloch v. Maryland, Maryland believed it had the power to tax the national bank, as stated in 1819, based off the “elastic” clause (Document C). However, Chief Justice John Marshall denied Maryland the right to tax the bank and destroyed the ideal of implied powers. This was a major blow to state’s rights as they believed that since they make up the government, they should be able to review actions from the federal government. Upon Marshall’s decision, state’s rights weakened and the federal government grew stronger. Next, an illustration of population density in the year 1820 is shown (Document E).

Chief Justice, John Marshall used Marbury v. Madison to rule that a federal law was unconstitutional. The cases of Martin v. Hunter’s Lessee, and Cohens v. Virginia resulted in a ruling that the Constitution was the final say, but only if the Court had the right to overturn state court decisions. In the case of Dartmouth College v. Woodward, the state’s government sought to appoint members to the college’s board of trustees, although the college opposed this. Dartmouth ended up being victorious in the Supreme Court. Another Supreme Court case that showed the strengthen of the federal government over the individual’s state governments was that of McCulloch v. Maryland. The Supreme Court ended up ruling that it was unconstitutional for individual states to tax the Bank of the United States. In the case of Gibbons v. Ogden, the Supreme Court demonstrated its power to regulate interstate

He was involved in the hearings of over 1000 cases and the implementations of hundreds of decisions. His views on the a centralized power was not only crucial in the ratification of the U.S. Constitution, but also the ultimate change in the role of government during his time. While the Federalist Party started to fall apart in the early 1800s, John Marshall’s implementations were significant in upholding the beliefs in strong federal power in the decades to follow. Cases implemented in the Marshall Court from 1801 to 1835 became a major aspect of U.S. history in enhancing federal powers and limiting the power of states. These cases ultimately helped promote business and the economy.

When the founding fathers wrote the Constitution, they wrote the document with a set of strict ideals in mind to protect the American people from the government expanding its power. The Supreme Court has interpreted the Constitution in ways that have expanded the powers of Congress, making them most responsible for the growth of federal power. In the Constitution, the Commerce clause was created to regulate interstate commerce, but after the Supreme Court ruled on cases the interpretation changed and the federal government can now regulate commercial activities including minimum wage and labor. The Court broadened the “Necessary and Proper” clause when it ruled that Congress can establish a federal bank. Finally, the Court reinterpreted the meaning of the First Amendment so as to eliminate voluntary prayer in public or in schools. These are not the only illustrations of the Supreme Court expanding federal power, but by examining these three examples, expansion of federal power is shown.

The Cherokees provided the best example of Native Americans who understood their rights most clearly as they demonstrated in their plight objecting the Cherokee removal and as they exhibited in the construction of a constitution strikingly similar to the United States constitution as well as those of the states, carefully outlining their rights in an organized coherent manner. Consistent with the federal and state constitutions, the Cherokee constitution reflected a profound belief in republicanism, a representative form of government in which those eligible to vote elected individuals to make laws to protect their life, liberty, and property.

“Marshall’s opinion for the court in McCulloch v. Maryland upheld the constitutionality of the Second Bank of the United States, which has been created by an Act of Congress in 1816, on the basis of

The tall, thin, aggressive Chief Justice John Marshall continues to dominate our high tribunal. His recent decision- perhaps the most famous- strengthen the power of the federal government at the state's expense. The remarkable case of McCulloch v. Maryland involved an attempt by the State of Maryland to destroy a branch of the Bank of the United States by enforcing a tax on its notes. Marshall, on behalf of the court, declared the bank constitutional. At the same time, he bolstered federal authority and slapped at state infringements, denying the right of Maryland to tax the bank. Chief Marshall affirmed: “That the power to tax involves the power to destroy, that a power to create implies a power to

The Marshall court had a significant impact on the federal government. As a result of several decisions, the power of the fed

McCulloch v Maryland (1819): He declared the bank constitutional, helped strengthen the the central authority, and denied Maryland the right to tax the bank.

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.

The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.