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3.12 Supreme Court Cases
3.12 Supreme Court Cases
John marshalls effect on the juiciary
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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 intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government. Aaron Ogden, a captain of a ship passing through New York State to trade with other states, was stopped one evening by Thomas Gibbons. He addressed Ogden to cede his ship over to New York officials. Ogden, Gibbons argued, had not a license that permitted him to sail through these particular waters. Therefore, he had a right to seize Ogden’s ship. Ogden, on the other hand, claimed he had a federally approved license to navigate any waters in the United States. Gibbons declared the supremacy of the New York Steamboat Act, while Ogden stated the Federal Coasting Law as the rule. The stage had been set for the Supreme Court. The case came to the Supreme Court as the infamous Federal versus State battle for power. Once again the question plagued Marshall whether to support Federalism, or keep States’ rights alive. Certain things became apparent to Marshall. The Constitution did give the federal government complete control over the nation’s commerce. (Article 1, Section 8, Clause 3) Also, the Federal Law, according to the Constitution, was the supreme law of the land. (Article 6, Clause 2) Marshall, a Federalist, had always supported a strong central government. However, issues were arising in other parts of the country that would make him consider any decision he made further. A black slave had entered the State of South Carolina earlier and had incited a small but effective rebellion ... ... middle of paper ... ...n was none other than extraordinary. He had single-handedly prevented further debate over slavery (for the meantime, anyhow), and satisfied any contention with Federal jurisdiction. He had, once again, made a very historic decision that would see itself all the way through America’s lifespan. Historically, Marshall supported Federalism, as he had in other cases such as Marbury v. Madison (1803). This would carry the country further from a loose collection of States into a National Power to be reckoned with. Also, by putting off the slavery issue again, he extended the amount of time before there eventually would be an outbreak over the issue. He and the others knew the day would come, but they would deal with it at that later time; probably by use of arms. For his contributions to the development of Federal power as displayed in this, Gibbons v. Ogden (1824), and other cases, John Marshall has clearly devoted his life to the well being and formation of a better union. Just as the other well-known American men, he deserves a higher place in history for what he has done for all of America, throughout his time and into ours.
The decision in the Gibbons v. Ogden case is, in my opinion, a very just
In Francis N. Stites' book, John Marshall, Defender of the Constitution, he tells the story of John Marshall's life by breaking up his life into different roles such as a Virginian, Lawyer, Federalist, National Hero, and as Chief of Justice.
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.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
In spite of its deterioration, the aftermath of the revolt had extensive consequences. Robertson particularized them with references to John Calhoun fortifying South Carolina before the civil war occurred. It also left a scare in the people’s minds, and was another small step towards the abolishment of slavery. Robertson analyzed the aftermath in a variety of aspects, including the effects on the public, and the government.
African-Americans have significantly contributed to the criminal justice field in the United States through presenting law cases in the Supreme Court and championing for civil rights. One of the African-American names mentioned among those that have had a significant contribution to this field is Thurgood “Thoroughgood” Marshall, who became the first African-American justice to be appointed to the U.S. Supreme Court, and the pioneer of civil rights. With regard to Thurgood Marshall, the purpose of this paper is to explore his contributions to civil rights in the field of criminal justice. To do so, this paper will examine Marshall’s childhood and family background, education, his
3. While John Marshall was chief justice the Supreme Court promoted the idea of nationalism. In the Supreme Court case Gibbons vs. Ogden help make certain that the federal government had power on pretty much everything crossing any state lines. Another case also supported the national government over the state government, it was McCulloch vs. Maryland.
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
Despite the downfall of the Federalist Party in the early nineteenth century, John Marshall continued to exert a strong Federalist influence on the government, which acted as a catalyst to ignite political controversy. In the McCullough vs. Maryland trial of 1819, Marshall deemed Maryland taxing the second bank of the United States as being unconstitutional, which gave even more power to the central government. (Doc D) Majority of the American population was against his ruling and refuted it because many people believed that having a strong central government was bad because if a bad decision was made, it would have affected the entire union, whereas if there was a strong state government, a bad decision would have just hurt the state. However, this was not the only time where the economy had failed in the early 1800’s. In 1816, John Randolph addressed congress and stated that it was unjust to tax the poo...
Of all the areas with which the southerners contended, the socio-political arena was probably their strongest. It is in this area that they had history and law to support their assertions. With the recent exception of the British, the slave trade had been an integral part of the economies of many nations and the slaves were the labor by which many nations and empires attained greatness. Souther...
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
Gibbons had received his permit from the federal government. The New York court sided with Ogden and ordered Gibbons to stop operating his steamships. Gibbons then proceeded to take this to the Supreme Court. John Marshall sided with Gibbons and said that New York’s grant to Ogden violated the federal licensing act of 1793 and for the first time the commerce clause was interpreted. It was concluded that the government had the power to regulate this because of the commerce clause.
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
“The Stono River Rebellion in South Carolina,” in Kennedy, David M. and Thomas A. Bailey. The American Spirit: United States History as Seen by Contemporaries. Vol. I: To 1877. Eleventh Edition. Boston: Houghton Mifflin, 2006
“Creators who do not care for their creatures, or cannot due to some personal flaw, must face the unavoidable failure of their creations and the subsequent consequences, no matter how monstrous”(Rosenburger). Frankenstein’s creation is turned monstrous due to his evil and unappealing physical features. Although, he has a good heart and good morals on the inside. While, Dorian is turned monstrous for the opposite reason. Dorian is turned monstrous due to his narcissistic thoughts about his beauty, which eventually leads to his inner self becoming ugly and immoral. Both of these creatures are ostracized from society due to their inner and outer flaws and push them to commit monstrous