Marshall's Influence In Federal Law

    The supremacy clause states that the United States Constitution, treaties, federal laws, and federal regulations are the supreme law of the land, if this didn’t exist then states would have more power over the federal 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.

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.

Around the 1800’s, John Marshall played an important role in the society. He was the decision maker at court, allowing him more power over the law. Many people believe that the things that Marshall did, were wrong. But according to the following documents, either he was forced to do the things he did, or people may have misinterpreted his intentions from the start. From since he was appointed by the court all they way up until he retired and died.

• Gibbons v. Ogden- Congress had the only power of making laws for interstate Commerce ( state trading) Steamship operating between New York and New Jersey.

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.

In an autobiographical draft written in 1827 for his friend and colleagues, John Marshall wrote, “The events of my life are too unimportant, and have too little interest for any person not of my immediate family, to render them worth communicating or preserving” (Crompton 111). This understatement was certainly too modest considering his lasting impact as the Chief Justice. Serving from 1801 to 1835, John Marshall bestowed finesse and power to a government vaguely bequeathed with power by the Constitution. His twin pillars of judicial philosophy, protection of property rights and sanctity of contracts, have shaped both American laws and commercial development through landmark court cases such as Marbury v. Madison, Fletcher v. Peck, and Gibbons

“Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect.” Arizona v. United States, 132 S. Ct. 2492, 2500 (2012). The Supremacy Clause provides a clear rule that federal law “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Art. VI, cl. 2. Under this standard, Congress has the power to preempt state law. Arizona, 132 S. Ct. at 2495; Crosby v. National Foreign Trade Council, 530 U.S. 363, 372 (2000); Gibbons v. Ogden, 9 Wheat. 1, 210–211 (1824). However, it is assumed that historic State police powers are not superseded “unless that was the clear and manifest purpose of Congress.” Arizona, 132 S. Ct. at 2501; Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947).

This clause has allowed the national government great liberties in enforcing a number of regulations,in the name of preserving their power over interstate commerce. A clear use of this power can be seen in the case of Gibbons v. Ogden(1824). In this case a dispute arose when New York granted a monopoly to Robert Livingston and Robert Fulton, which they in-turn used to license Aaron Ogden to be the sole steamboat operator between New York and New Jersey. Aaron Ogden used this as a platform to sue Thomas Gibbons who was operating a competing ferry between the two states. Gibbons argued that his license had been issued under the 1793 act of Congress and therefor was not subject to a monopoly agreement at the state level. Ogden won the initial suit and Gibbons appealed the decision to the Supreme Court. The Supreme court overturned the states ruling. During the course of the proceedings Chief Justice John Marshall helped us to further define the commerce clause as “something more: it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.”(Gibbons v. Ogden 1824). This decision was a pivotal point in the history of the commerce clause and is one of the most widely referenced cases on this subject because it shows how this clause can work to the benefit our federalist system. While both the state and federal Government have

The issue of national supremacy is one that is addressed through several cases decided by the Marshall Court. McCullough v. Maryland (1819) and Gibbons v. Ogden (1824) are two of the most important cases concerning national supremacy that came to the Supreme Court during John Marshall 's time as chief justice. While McCullough deals with the right of the federal government to create its own bank, Gibbons deals with the right of the federal government to regulate interstate and foreign commerce.

George C. Marshall was one of the best generals we had ever had! Here are some facts that aren’t just about his war victories or even acts. He was born December 31, 1880 in Uniontown, Pennsylvania. He was a Civil Engineering major. He graduated 15th of 34 in the Class of 01. That is 1901 not 2001 if so he would be super old. George married Elizabeth Coles. George was an honor graduate of the Infantry Cavalry School in 1907. He graduated first in his class from Army Staff College in 1908, which was in Kansas. George was promoted to a First Lieutenant. He was an Instructor in the Department of Military Engineering at Fort Leavenworth Army Service Schools. He worked with various National Guard units in the summers of 1907 to 1911. His assignments was with the 24th Infantry Madison Barracks, New York. He was with the Organized Militia of Massachusetts and with the 4th Infantry at Fort Logan. He was one of the leaders of Duty with the 13th Infantry. George was Chief of Staff of Field Detachment 1 on maneuvers, Aide de Camp to Brigadier General Hunter Liggett at Fort William McKinley and Headquartered in the Philippine. He helped a lot of soldiers and saved a lot of men through his time when he was serving. He showed his men respect and they showed him it back. That is why they believed in him and they fought as a one to win the war. He severed his country good he made sure that everyone was treated well and that we all fought for our country how we should. George

It is important because it brings a balance of power by allowing states to make their own laws and still keeping the national government as the supreme decider for situations when conflict arises. In Gibbons v. Ogden, New York tried to monopolize on steamboat operations. The federal government has the power to regulate any and all interstate activity under the Commerce clause and this is enforced through the Supremacy clause. New York exercised an authority that is reserved to the federal government through the Commerce clause. As a result of the Supremacy Clause, Congress is given power over the states. Any nature of interstate commerce fell under federal government jurisdiction. In the Gibbons v Ogden case, the Supreme Court upheld broad congressional power to regulate interstate commerce, stating that the New York Law was invalid by virtue of the supremacy clause. Marshall's was one of the earliest and most influential opinions concerning this important clause. He concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress. This case is an example of federalism were the Federal government is given a power that over the states and supersedes States’

The decision finally came by John Marshall and his Supreme Court on March 2, 1824. Marshall had decided that because the Constitution declared Federal law supremacy, any law passed by Congress should be the superior force. However, only those State laws that conflicted with Federal laws and jurisdiction, therefore deemed unconstitutional, should be rejected. Therefore, States had the power to regulate their own trade, such as the southern slaves, but the Federal Government had the final say, and ultimately, supreme power. Congress henceforth could control intra and interstate commerce as the Constitution specified.

The Supreme Court case of Gibbons v. Ogden was one of the many cases dealing with the compelling issue of Federalism (the separation of power between the Federal Government and the states.) It is one of the more disputable cases in determining whether the government exceeded their bounds or if they were simply following the constitution and their delegated powers.

The issue of National Supremacy is one that is addressed through several cases decided by the Marshall Court. National Supremacy refers to the idea that when a conflict arises between a state law and a federal law, the federal law will take precedence. It comes from the Supremacy Clause in Article Six, Clause 2 of the United States Constitution. The clause makes the U.S. Constitution, its treaties, and its federal laws the highest laws in the country. McCullough v. Maryland (1819) and Gibbons v. Ogden (1824) are two of the most important cases concerning National Supremacy that came to the Supreme Court during John Marshall 's time as chief justice. While McCullough deals with the right of the federal government to create its own bank, Gibbons deals with the right of the federal government to regulate interstate and foreign commerce.