John Marshall Essay
Chapter 8 Questions #2
John Marshall evolved as one of the most influential people in the history of the Judiciary. Marshall was the Federalist holdout who stayed true to the Hamiltonian principals. His establishment of new Supreme Court principals which were all in favor of the Federalist unique beliefs set a precedent of the functionality of the court. Marshall’s theory of Judicial Review was established so the Supreme Court can rule based on the constitutionality of act of congress. Marshall evolved as the pioneer that changed the Supreme Court. The Supremacy of Federalists was adopted to keep state rules in check while all under Constitutional rule. Marshall’s last successful attempt to keep Federalist ideas in the court was his development that there needs to be legitimacy of broad interpretation of the Constitution. In Marbury vs. Madison, Gibbon vs. Ogden, and Mccullah vs. Maryland respectively, Marshall’s Federalist beliefs were shown to be a successful way to give the Judicial Branch more authority then ever before. Under Article III of the Constitution, the Marbury vs. Madison case was a landmark petition that gave new authorization to the Judicial Review. The Marbury vs. Madison case was unique because it helped define a previously grey argument on the boundaries between the Executive and Judicial branches of the United States Government. William Marbury was the person directly responsible for the petition on this issue. Marbury issued the court to demand Madison to commission his documents. Madison refused to do so claiming that Marbury’s petition was unconstitutional. The decision on the issue was that Marbury did in fact have the right to his commission, however the court did not have to power to force Madison to give it up. This extremely unique scenario on a very important issue raised the authority for the Judicial Review because the Federal court has the obligation to not only satisfy itself but the lower courts. The decision on this case
John Marshall evolved as one of the most influential people in the history of the Judiciary. Marshall was the Federalist holdout who stayed true to the Hamiltonian principals. His establishment of new Supreme Court principals which were all in favor of the Federalist unique beliefs set a precedent of the functionality of the court. Marshall’s theory of Judicial Review was established so the Supreme Court can rule based on the constitutionality of act of congress. Marshall evolved as the pioneer that changed the Supreme Court. The Supremacy of Federalists was adopted to keep state rules in check while all under Constitutional rule. Marshall’s last successful attempt to keep Federalist ideas in the court was his development that there needs to be legitimacy of broad interpretation of the Constitution. In Marbury vs. Madison, Gibbon vs. Ogden, and Mccullah vs. Maryland respectively, Marshall’s Federalist beliefs were shown to be a successful way to give the Judicial Branch more authority then ever before. Under Article III of the Constitution, the Marbury vs. Madison case was a landmark petition that gave new authorization to the Judicial Review. The Marbury vs. Madison case was unique because it helped define a previously grey argument on the boundaries between the Executive and Judicial branches of the United States Government. William Marbury was the person directly responsible for the petition on this issue. Marbury issued the court to demand Madison to commission his documents. Madison refused to do so claiming that Marbury’s petition was unconstitutional. The decision on the issue was that Marbury did in fact have the right to his commission, however the court did not have to power to force Madison to give it up. This extremely unique scenario on a very important issue raised the authority for the Judicial Review because the Federal court has the obligation to not only satisfy itself but the lower courts. The decision on this case