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Historical aspects of the US court system
The history of usa courts
An essay on the marshall court
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The Marshall Court and the Rehnquist Court are the two eras that made the Supreme Court the most influential. The Marshall Court in 1801 to 1835 helped create the foundation for the United States constitutional law, which contributing to making the Supreme Court of the United States a coequal branch of government. The Rehnquist Court in 1986 to 2005 favored a concept of federalism that played a vital role on the Tenth Amendment’s reservation of powers to the states. Under Rehnquist point of view of federalism, the Supreme Court of the United States struck down an act of congress as overpowering under the commerce clause. These two courts brought the Supreme Court of the United States to an entire new level that brought change to the world.
The Marshall Court started in 1801. John Marshall was the fourth longest lasting Chief Justice of the United States. Marshall dominated the Court, and which played a significant role in the development of the American legal system. He brought back to the courts the notion that federal courts were able to use judicial review, only if they violated the Constitution. Thusly, John Marshall believed that the position of the American judiciary was a vital and significant branch of government. Furthermore, John Marshall's court made several important decisions in response to federalism, the power between federal government and state government. In particular, he repeatedly established and shared the authority of federal law over state law. Marshall supported the understanding and interpretation of the enumerated powers. President John Adams appointed John Marshall to the United States Supreme Court in 1798. John Marshall was also elected into the United States House of Representatives in 1799. In 180...
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...s reservation of powers to the states. Under his view of federalism, the Supreme Court of the United States struck down an Act of Congress as surpassing its power under the Commerce Clause. President Ronald Reagan nominated Rehnquist to fill the position of Chief Justice. His colleagues were pleased and supportive. Justice Thurgood Marshall called him "a great Chief Justice”. Rehnquist's seat as an associate justice was filled by newly appointed Antonin Scalia.
Works Cited
McBride, Alex. “Barron v. Baltimore (1833)”. December 2006. http://www.pbs.org/wnet/supremecourt/antebellum/landmark_barron.html McBride, Alex. “McCulloch v. Maryland (1819)”. December 2006. http://www.pbs.org/wnet/supremecourt/antebellum/landmark_mcculloch.html Edwards III, C. George, Martin P. Wattenberg, Robert L. Linberry. “Government in America: People, Politics, and Policy”. Textbook.
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.
O’Connor, K., Sabato, L. J., Yanus, A. B, Gibson, Jr., L. T., & Robinson, C. (2011). American Government: Roots and Reform 2011 Texas Edition. United States: Pearson Education, Inc.
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
Schiller, W. J., Geer, J. G., & Segal, J. A. (2013). Gateways to democracy: introduction to American government, the essentials. (2nd ed.). Belmont, Calif.: Wadsworth ;.
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.
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...
Lowi, Theodore J, et al. American Government Power & Purpose. 12th Ed. New York: W. W.
These early Supreme Court decisions have made a lasting impression on the United States. Marbury v. Madison established the concept of judicial review that strengthened the ability of the judcicary to act as a check against the legislative and executive branches by providing for the review of Congressional acts by the judiciary to determine the constitutionality of such acts. McCulloch v. Maryland allowed for the expansion of Congress’ implied powers needed to execute its delegated powers as well as defined the supremacy of constitutionally enacted federal entities over state statutes.
Government by the People by James Burns, J.W. Peltason, and Thomas Cronin (Prentice-Hall, Englewood Cliffs, NJ, 1984)
This paper discusses the contrast of two landmark United States (U.S.) Supreme Court cases that helped to clearly define how the Fourth and Fifth Amendments of the U.S. Constitution is interpreted, and analyzes the difference between the “Constitution” and “Constitutional Law.” Two cases that are referenced in this analysis are (1) Katz v. United States, 386 U.S. 954 (U.S. March 13, 1967), and (2) Olmstead v. United States, 277 U.S. 438 (U.S. June 4, 1928), which differed in ruling; one eventually overturning the other. Finally, a conclusion is drawn as to the importance of these case decisions in the lives of Americans.
Ken Kollman, The American Political System, (New York: W.W. Norton and Company, 2012), 25, 322-323, 330, 449.
Landy, Marc and Sidney M. Milkis. American Government: Balancing Democracy and Rights. New York, NY: McGraw-Hill, 2004.
Landy, Marc and Sidney M. Milkis. American Government: Balancing Democracy and Rights. New York, NY: McGraw-Hill, 2004.
Kevin B. Smith, Alan Greenblatt, and John Buntin, Governing states and localities: First Edition (Washington, D.C.: CQ Press), 2005, 95.
Rabin, J. (2003). Encyclopedia of public administration and public policy: K-Z. United States: CRC press.