The Philosophies Of John Marshall

The Supreme Court of the United States was created by the Article Three, Section One of the Constitution and plays an incredibly important role in the balance of power within the United States. To that extent, it’s important to know the judicial philosophies of the judges who sit on the highest court in the United States. These philosophies are responsible for influencing lives of Americans depending on how they are recognized and implemented. It becomes even more imperative to understand with the knowledge that the court itself appoints a new justice, on average of every two years. (Regan, 2015, p. 18) With how influential their cases can be, it’s also important to understand how it can affect the nation as a whole, when those philosophies
His tenor in the court lasted from 1801 to shortly before his death in 1835 and was responsible, largely, for how the Supreme Court functions and its role as the guardian of the Constitution. There were several factors of Marshall’s leadership that helped gain the strength of the judicial branch including seeking out advice from Associate Judges and his ability to accept and encourage the ideas of newcomers but the solidification of the Courts responsibility of judicial review along with Chief Justice Marshall’s concept of unitary opinions helped to develop the overall strength and importance of the Supreme Court. (Johnson, 1998, p. 7) Marbury v. Madison was the landmark decision that reinforced their
His aim was not so much as to join the politics of the prevailing timeframe but enhance the Court’s ability which would be considered conservative in philosophy by our modern-day explanation of judicial restraint. Next, we saw the Court inject itself into the prevailing politics of the time with Plessy v. Ferguson by declaring that “separate but equal” was constitutionally legal. This would be overturned in a 9-0 decision by the Warren Court in Brown v. Board of Education, in which the predicted verdict didn’t match the rendered