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The role of the supreme court in us
The role of the supreme court in us
The role of the supreme court in us
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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 government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
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... College v. Woodward provided corporations and private economic institutions protection from state government regulations, thus allowing industry and business to expand (Newmyer, 247). The decision made by Marshall influenced several different areas in American society and have left their perpetual mark on America’s court system, judicial branch, and economic system. While the Marshall Court may have been a mere speck in the history of the United States, its decisions have lived on for hundreds of years.
Works Cited
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Pinzler, Andrew. "Rulings of the Marshall Court." Rulings of the Marshall Court. The Ethical
Culture Fieldston School, n.d. Web. 12 Feb. 2014.
According to William E. Leuchtenburg, along with other successors, West Coast Hotel v. Parrish was the case that constituted a constitutional revolution. Leuchtenburg gives evidence of the main arguments of his opinion concerning the shift in the Court during this particular case as well as others that came after it. The significance of this case was that it upheld the “minimum wage” legislation passed by Washington State even though there was the uprising issue of “liberty of contract.” The presented case of West Coast Hotel v. Parrish provoked a constitutional revolution in the United States (Leuchtenburg, pg. 163). This case was not an open-and-shut case and encountered much opposition especially from the review of Tipaldo. As a result, it overturned the decision made by the trial court, which was based on the case, Adkins v. Children’s Hospital (Leuchtenburg, pg. 164).
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 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.
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
Gevinson, A. (2009, July 28). Supreme Court Nominations | Teachinghistory.org. Retrieved February 19, 2014, from http://teachinghistory.org/history-content/ask-a-historian/22435
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Madison as he was in the Louisiana Purchase, he was still a key player in this episode that redefined the Judiciary branch of American government. Jefferson had just taken over the presidency from John Adams, a member of the rival Federalist Party, who, during his last days in office, had many of his fellow Federalists assigned offices in the Judiciary, including the Chief Justice of the Supreme Court, John Marshall (Goldfield 277). Jefferson and his Secretary of State, James Madison, resented this Federalist grab for power and refused to give one of the appointees his position. This appointee, William Marbury, used the Judiciary Act of 1789 to take the issue to court (277). However Marshall, did not rule that Marbury be given his appointment by Jefferson, who had been actively removing Federalist Judges and would likely choose not to acknowledge Marshall’s authority (277). Marshall took a different approach, instead of giving Marbury his appointment, he declared the Judiciary Act of 1789 unconstitutional because it gave the Supreme Court authority that was beyond what was outlined in the Constitution (277). By taking away some of his own authority, Marshall gave the Supreme Court the formidable ability to declare laws unconstitutional (277). Interestingly, it would never have happened if Jefferson and his administration had not have taken action (or in this case lack of action) against the appointment
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
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...
Thurgood Marshall was one of the famous Supreme Court judges who had a huge impact on the justice department regarding the civil rights and the society in general. One of the notable quotes by Justice Marshall was that "power, not reason is the currency of this court decision making." This quote has a lot of implication regarding the civil rights, during the time Marshall had observed a change in the judicial system regarding composition to the judges (Vile, and Joseph 14). There was a transformation in the courts where senior judges had retired paving a way for younger justices. These changes also affected the perception and views of the justice, regarding civil rights. The shift from analysis
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...