In Jeffrey Toobin’s novel, The Nine, he promises in his subtitle to delve “Inside the Secret World of the Supreme Court.” And throughout his 340 page novel, Toobin accurately accomplishes this promise. To Toobin, the secret world of the Supreme Court focuses around the areas of the Court that are not often seen by the public eye, the information that often goes unnoticed or overlooked. To accomplish this goal of expanding the common man’s knowledge of the Supreme Court, Toobin not only narrates in detail the proceedings and cases of the court, but he also expands upon the complexities of the court as he describes the major themes, relationships, and intertwined connections that occur throughout the history of the Supreme Court. Furthermore, many of these major themes and relationships focus around main ideas and specific aspects of the court. In order to further illustrate the Supreme Court’s relationship and complexities, Jeffrey Toobin details the way the Court is shaped by the outside factors, the evolution of values, recurrent cases and constitutional requirements, and even misconceptions. Throughout The Nine, Toobin illustrates the fact that many of the Supreme Court cases are not necessarily determined on a case by case basis or simply by the hearings occurring inside the courtroom. In fact, many of the cases and decisions of the court are affected and shaped by outside forces, both internally in the nation and externally in the world. For example, during the case of
The most important lesson for Rachel that comes out of this situation is that after wearing the disgusted sweater she has become even older, and it was tied to the experience instead of the birthday itself. She understands that it is the challenge she needs to grow up faster as she will receive additional benefits of behaving the way she wants and resisting to the outside irritators. As for the literature techniques, the author applies language, diction and symbolism to reveal the issues of experience, aging, knowledge, power, authority and freedom. The discovering is gaining age are conveyed with the help of the memories of eleven-year-old girl on her birthday. Rachel resists her humiliation from Mrs. Pierce, and that is the exact moment when her “smart eleven” comes as well[2].
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
The book “The Other America”, written by Michael Harrington, describes poverty in America in the 1950s and 1960s, when America became one of the most affluent and advanced nations in the world. The book was written in 1962, and Harrington states that there were about 50,000,000 (about 25% of the total population) poor in America at that time. The author did extensive research with respect to the family income levels to derive the poverty numbers, and used his own observations and experiences to write this book. This book addresses the reasons for poverty, the nature of poverty, the culture of poverty, the blindness of Middle Class America with respect to poverty, and the responsibility of all Americans in addressing the issue of poverty in America.
David O. Stewart, by profession, is a lawyer with a resume that includes everything from arguing appeals at the Supreme Court level to serving as a law court to the acclaimed Junior Powell. But in writing The Summer of 1787: The Men Who Invented the Constitution (specifically, I read the First Simon & Schuster trade paperback edition May 2008, copyrighted in 2007), he uses that experience in law to prove himself a gifted storyteller. Two hundred sixty-four pages long, this United States history nonfiction book does indeed have the substance to engage the reader throughout. It has special features that include two appendices featuring the elector system and the actual constitution of 1787, author’s notes, suggested further reading, acknowledgments and an index (which escalate the total length of the book to three hundred forty-nine pages long).
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
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
Currie, D. (1992), the Constitution in the Supreme Court: The First Hundred Years, 1789-1988, Pges152-155 (Univ. of Chicago).
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
Two years prior, President John Adams had hastily appointed Marbury to the Supreme Court on his last night in office, in order to secure the Supreme Court for the Federalists. However, when Adams was replaced with Republican Thomas Jefferson, the new president dismissed these so-called midnight judges (Schweikart & Allen, 2004). Marbury was one of the dismissed, and he came to Justice Marshall demanding that he be reappointed to the Supreme Court. While Marshall could not order the president to have the Secretary of State, James Madison reinstate Marbury, he invented a check that ensured the House of Representatives would never wield unfettered power. Marshall assumed for the Supreme Court the power to declare laws passed by the other branches unconstitutional. By doing this, Marshall made the Supreme Court far more powerful and influential than before (“John Marshall”, 2016). Marbury vs. Madison was the first step in inventing this momentous check and creating more balance between the three branches of
Throughout the history of the United States, the decisions made by leaders of the past have become precedents for the rest of us throughout history and even now in the present. The United States in its most juvenile state was vulnerable to both the outside world and its own internal obstacles. The fourth Supreme Court Justice, John Marshall stood as a paradigm to the rest of the nation setting new precedents for the nation that would hold their power throughout history thus far. Chief Justice John Marshall existed as one of the most pivotal characters in history because his Supreme Court rulings developed new standards involving national supremacy over state’s rights, the roles of the Supreme Court and Congress, and the Constitutional roots
Since the Constitution was ratified by nine states in 1788, new legislations, acts, and amendments were passed by the Congress and improved governmental power of the United States. However, some of these legislations and acts were doubted the constitutionality of the power or restriction granted to the nation. But it wasn’t clear who to determine the constitutionality of the bills being proposed until the case of Marbury v. Madison result in the establishment of “judicial review”. As many scholars describe the case of Marbury v. Madison as epochal, I agree with their perspective because it was one of the crucial historical turns in the United States.
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
The Supreme Court of the United States is perhaps the most eminent judicial branch in the world and has served for a model for justice and democracy. However the Court is not exempted from scrutiny, and critics question the increasing politicized nature of the Court, from the appointment process to the nature of their decisions in landmark cases like; Dred Scott v. Sandford, Roe v. Wade to Bush v. Gore. Based on empirical evidence, this essay argues that the United States Supreme Court today is severely influenced by politics and not as much by law- at least in practice. Indeed, robust partisanship of the political interests of the President and Congress imposes on the constitutional function of the Court.