Premium Essay

John Marshall Influence On American Government

Submitted By
Words 1203
Pages 5
It is simple to see how the creation of the American system of government was revolutionary. After winning independence, a group of colonies varying in size, wealth, and demographics came together to become a strong country with a republican government that was truly ahead of its time. However, what is often overlooked is how remarkable the successful implementation of the American government is. One of the men who helped turn the radical idea into a functioning government was John Marshall. Overall, Marshall influenced the American government in many ways but he is particularly famous for giving the judicial branch its power. Marshall was born on September twenty fourth, 1755 in Fauquier county, Virginia to Thomas Marshall and Mary Rudolph …show more content…
Madison. The dispute this case settled began when, in 1801, John Adams nominated new justices of the peace who would serve in the District of Columbia. The senate then sent out the commissions for those who were appointed to John Marshall, who, at the time, was Secretary of State. Marshall was to send the commissions to all those appointed, but was not able to send them all out before the end of John Adams’ term as president. When James Madison took over as Secretary of State, Thomas Jefferson, who became the president, forbid him from sending the rest of the seventeen commissions. Next, the newly instated congress repeals the Judiciary act of 1801, which created more federal judgeships and changed the number of Supreme Court Justices to only five. Marbury, who was neglected a commission, filed a suit against Madison. He wanted an order directing the missing commissions to be delivered, otherwise known as a writ of Mandamus. Normally, someone who had a close connection to the events that caused the suit, like Marshall did, as he was originally delivered the commissions, would have not taken part in the deciding of the case, or recused themself, but Marshall did not. The justices had to make a very difficult decision, as if they issued the writ and Jefferson refused to obey, which he declared that he would, the Supreme Court would seem powerless. However, if they denied the writ, they looked equally weak, like they bent to the whims of Madison and Jefferson. On February fourth 1803, Marshall held that Section thirteen of the Judiciary Act of 1789 expanded the Supreme Court’s original jurisdiction, which was unconstitutional. For this reason, even though Marbury was entitled to his commission and Jefferson was legally wrong, the court could not issue the writ of Mandamus. This decision was so monumental

Similar Documents

Premium Essay

Mcculloch V. Maryland Case Study

...influenced numerous presidential elections, created as much contention and dispute, divided the population, and nearly destroyed the country. That controversial institution which caused so much debate became known as the Bank of the United States. This bank and the question about its constitutionality not only influenced the people connected to the bank, but it also brought up uncertainty about how the national government should govern the country. In March of 1819, the United States Supreme Court, led by Chief Justice John Marshall, ruled that the United States Constitution supported the establishment of a national bank and that federal laws supersede state laws in every situation....

Words: 1692 - Pages: 7

Premium Essay

Three Significant Cold War Events That Shaped the Europe of Today

...two superpowers the Soviet Union and the United States as these one time allies vied for supremacy of the world. Caught in between this superpower struggle was the European continent. As the European continent was divided between the superpowers there were many events that occurred that had an impact on the Europe of today. I believe the three most significant events affecting the development of Europe during the Cold War and helping to shape the European continent, was the United States implementation of the Marshall Plan, the signing of the Washington Treaty of 1949 and the formation of the European Coal and Steel Community in 1950. Each one of these events would lead to further expansion on the initial premise of each program or policy further enhancing the security or prosperity of the European continent. After the War, "with Western Europe on the verge of not only economic ruin but also political and social upheaval, the region's weary governments were forced into dependence on the United States." Most of the items needed to rebuild Western Europe could only come from the one country virtually unscathed during the war, the United States. But at this time because of the devastation across Europe the European nations could not purchase the raw materials. The United States...

Words: 2503 - Pages: 11

Premium Essay

Marbury Vs Madison Case Summary

... Madison was the case that established judicial review. It all began when the newly organized Democratic-Republican party of Thomas Jefferson defeated the Federalist party of John Adams. In the final days of his presidency, Adams appointed several justices of peace for the District of Columbia whose commissions were approved by the Senate, signed by the president, and affixed with the official seal of the government. The commissions were not delivered by the Secretary of State, James Madison due to orders by President Jefferson. William Marbury, one of the appointees, petitioned the Supreme Court with a legal order, ordering Madison to show why he should not receive his commission. Chief Justice Marshall answered three questions:...

Words: 1334 - Pages: 6

Premium Essay

Dbq Embargo Analysis

...improvements helped build industry. First, protection provided by the federal government provided a safe environment for manufacturing to develop. Secondly, the increase in population and immigration provided a substantial labor force to work the newly created factories. Lastly, involvement of private investors and the unification of currency stimulated economic growth which provided the funds necessary for industrial growth. In order for manufacturing to develop, the government had to provide protection for the young industry. As British exporters began to cut their prices, the U.S. government realized strong protective tariffs would be vital to the growth of industry (Doc D). With trade protected from foreign countries, there was a need for laws that would define industry within American borders. With the potential of domineering monopolies and wrongful...

Words: 615 - Pages: 3

Premium Essay

The Sweet Trials

...A supreme couryt case is going to change the way our government acts. Nine justices on the supreme court – always a swing vote. The supreme court does not take every case it gets – to chooses its cases. They look for cases that will change the way for the way this country will work. Marbury v. Madison = a case of judicial review. What that means is that the Supreme Court will take a case on appeal and they will make a two part decision. (1) what the lawsuit was about (2) what was the law itself (what law did the case rest upon). A case of judicial review – the first case of judicial review. It will result in the supreme court gaining a lot of power. Begins on the night befgore Jefferson takes office as president – so adams is still president -= he gives up the office the next day at noon before Jefferson is sworn in. (adams was a federalist – Jefferson was republican) – the polictican strength is now in the hands of the republicans. He will make an attempt to make the judiciary form of the government and make it very federalist. He comes up with the Midnight Appointment. He signs federal individuals a judgeship or a justice of the peace – he is packing the court with his own people. It is powerful so if you can fill it with people who think like you you can influence it. His secretary of state, John Marshall – in those days it was his job to make sure that everyone got tier appointments delivered while the president is still president. In those days...

Words: 1868 - Pages: 8

Premium Essay

History of Economic Theories

...J.S.Mill (1806 –1873) John Stuart Mill was a British philosopher andcivil servant. An influential contributor to social theory, political theory, andpolitical economy, his conception of liberty justified the freedom of the individual in opposition to unlimited state control.[2] He was a proponent of utilitarianism, an ethical theory developed by Jeremy Bentham, although his conception of it was very different from Bentham's. Hoping to remedy the problems found in aninductive approach to science, such as confirmation bias, he clearly set forth the premises of falsification as the key component in the scientific method.[3] Mill was also a Member of Parliament and an important figure in liberal political philosophy. Alfred Marshall (1842 - 1924) Alfred Marshall was an Englishman and one of the most influential economists of his time. His book, Principles of Economics (1890), was the dominant economic textbook in England for many years. It brings the ideas of supply and demand, marginal utility and costs of production into a coherent whole. He is known as one of the founders of neoclassical economics. John Maynard Keynes (1883 –  1946) John Maynard Keynes, 1st Baron Keynes of Tilton was a British economist whose ideas, known as Keynesian economics, had a major impact on modern economic and political theory and on many governments' fiscal policies. Milton Friedman (1912 – 2006) Milton Friedman  was an American economist and statistician at the University of Chicago, and recipient...

Words: 878 - Pages: 4

Premium Essay

Power to the President

...President Throughout the history of the United States, the three branches of government had experienced their respective highs and lows. During creation of the United States Constitution, its authors had a preconceived notion that the legislative branch would end up being the more capable of the other two branches of government. All things considered, the legislative branch was a leading force for states amid the Revolutionary War and amid the Articles of Confederation years. The vast majority of the Bill of Rights starts with the expression "Congress shall make no law." That being said, like the sentiments during the Revolutionary Period and amid the Articles of Confederation, the squabbling and absence of solidarity in Congress counteracted it; from playing the authority part the founders felt it ought to take. When talking about the judicial branch, its role is specified once in the Constitution and all that is expressed is that Congress is looking to create a judicial structure. The authors of the Constitution felt that most laws would be upheld and translated at the state level. It was Chief Justice John Marshall who extended the force of the Supreme Court amidst the Marbury vs. Madison case. Here, Marshall yielded the court the privilege to translate the Constitutionality of laws. In this way, the Supreme Court and the judicial branch started to gain traction as an efficient force in the government. However, this was short lived. As the United States developed, there were...

Words: 1531 - Pages: 7

Premium Essay

Early Adulthood

...Chapter 7: The Rise of Manufacturing and the Age of Jackson (1820–1845) THE GROWTH OF THE FACTORY Economic growth was a key component of Henry Clay’s American System, and in the aftermath of the War of 1812, measures were taken to expand American industry. American industries were protected by the Tariff of 1816, which raised import tariffs by 25 percent. At the same time state governments began improving road, river, and canal transportation systems. Before 1820 almost all products made in America were completed using a system borrowed from Europe called the putting-out system. Under this system merchants would buy the raw materials, recruit dozens, or in some case hundreds, of farm families to do the work, and then sell the finished product. Many shoes in New England were made in this manner; women and children would make part of the shoe, which would be finished by experienced shoemakers. Beginning in the late 1780s the textile industry started to use power-driven machines and interchangeable parts. All power in these early factories came from water, so the early factories all were located along rivers. Most were located in New England or the Middle states. In the 1790s factories like those in Lowell, Massachusetts, began to weave cotton imported from the south. With the introduction of the cotton gin in the same decade, more cotton became available, and production boomed. By 1840 the textile industry employed nearly 75,000 workers, with almost half of...

Words: 3174 - Pages: 13

Premium Essay

Compare And Contrast Marbury Vs Madison

...1801, John Adams rushed to fill as many judiciary positions with federalist views. The new congress and his predecessor were to be a majority controlled by Democratic Republicans, he saw this as a last ditch effort to have at least on branch controlled by Federalists. This made for what is now known as the “midnight appointments.” He did make one mistake which was filing the last order during the time period in which Adams had no such authority. The person who did have power during this period did not solidify Marbury’s claim to his judiciary spot. Bringing us to the influential case which is Marbury Vs. Madison which begged the question: “What power did the Judicial Branch have?” The significance of this case was that it amplified the ideas of judicial review and made the branch a coequal to other branches. Previously, the powers of the branch were restricted to the constitutionality of state laws, something that is not as influential in comparison to other branch roles. John Marshall did go a step ahead and highlighted judicial review, stating its necessity in maintaining balance of checking federal...

Words: 1181 - Pages: 5

Premium Essay

How Far Do You Agree with the View That the Development of the Cold War in the Period 1945-50 Was the Result of Stalin’s Foreign Policy?

...Development of the Cold War, in the five years between 1945 and 1950, could be argued as taking place for a number of reasons and due to various individuals. It could be easy to simply site Stalin as the main reason responsible for it’s outbreak and growth, clear through his approach on communist expansion, use of Red Army and inability to uphold agreements. However for a war of any kind to develop there is always more than one party involved and the USA and it’s president Truman could also be said to have contributed to the developing of Cold War, arguably being equally aggressive as Stalin – taking an Iron fist on dealings with Russia through policies such as the Truman Doctrine and the Marshall Plan, as well as his direction over the US involvement in the Korean War. However issues such as Britain and Churchill’s Iron Curtain Speech, as well as the birth of McCarthyism in America, can also be seen as hindering relations between the two superpowers of the Cold War and therefore playing a role in it’s development. Whether Stalin was to blame for the Cold War can also be judged and evaluated through the use of sources, offering a number of interpretations, from extreme Orthodox and Revisionist views to the more diplomatic reasonings of the post revisionist stance. It is correct to say that development of the Cold War, between 1945 and 50, was definitely impacted and heightened through provocative, and at times, aggressive actions on foreign policy, taken by Stalin. An example...

Words: 3132 - Pages: 13

Premium Essay

How Far Do You Agree with the View That the Development of the Cold War in the Period 1945-50 Was the Result of Stalin’s Foreign Policy?

...the result of Stalin’s foreign policy? Development of the Cold War, in the five years between 1945 and 1950, could be argued as taking place for a number of reasons and due to various individuals. It could be easy to simply site Stalin as the main reason responsible for it’s outbreak and growth, clear through his approach on communist expansion, use of Red Army and inability to uphold agreements. However for a war of any kind to develop there is always more than one party involved and the USA and it’s president Truman could also be said to have contributed to the developing of Cold War, arguably being equally aggressive as Stalin – taking an Iron fist on dealings with Russia through policies such as the Truman Doctrine and the Marshall Plan, as well as his direction over the US involvement in the Korean War. However issues such as Britain and Churchill’s Iron Curtain Speech, as well as the birth of McCarthyism in America, can also be seen as hindering relations between the two superpowers of the Cold War and therefore playing a role in it’s development. Whether Stalin was to blame for the Cold War can also be judged and evaluated through the use of sources, offering a number of interpretations, from extreme Orthodox and Revisionist views to the more diplomatic reasonings of the post revisionist stance. It is correct to say that development of the Cold War, between 1945 and 50, was definitely impacted and heightened through provocative, and at times, aggressive...

Words: 3196 - Pages: 13

Premium Essay

History of Law in Usa

...by William the Conqueror for their own benefits and not with the idea to give an improvement to the legislation of England. There are also many people who attribute its real origin in the judicial system chosen by the praetor in Roman law to establish the facts which it had established a law applicable to the event. However, the origin of the system of trial by jury was not very important at that time, or even before the late eighteenth century, when it took the most important part in the administration of Justice for the first time, a position that still holds today and has become primary and essential part in the American judicial system. Although it had its origins and first applications in England, gives the impression that its current role in the administration of the law was fully developed during the colonial period in America. The American Judicial System has its roots in English common law, these was developed during the emigration of Angles, Saxons and other Europeans to Britain. At that time it was established a legal system that was based on the customs of the communities but not in a written code. Such a system, as opposed...

Words: 970 - Pages: 4

Premium Essay

Asses the Significance of Economic Reasons Influencing Britain’s Relationship with Its Empire in Africa in the Period 1870-1981?

...Asses the significance of economic reasons influencing Britain’s relationship with its empire in Africa in the period 1870-1981? Britain’s relationship with Africa was a very volatile one. By 1914 Britain was able to took control over nearly 30% of Africa’s population and most of African territory (5 million square miles) where under British control. By doing this Britain was able to gain the ‘Lion’s share’ over the other European powers which were competing for control in Africa. On the other hand by the end of the 20th century Britain’s influence in its African empire had shrinked dramatically. The process of colonization which mainly took part between 1870-1914 and decolonisation which started from the end of the Second World War until 1981 took place due to many and various reasons. Some of the reasons include Imperialistic and nationalistic feelings of the British people and of the Afrikaners , military conflicts, political actions and economic reasons. This essay will try to prove that the most important reason which influenced British relationship with its empire in Africa between 1870-1981 were economic reasons to a great extent as each and every action of the British leaders concerning Africa was either purely based on economic interest or had an indirect economic motive. To begin with before the 1870’s British policy towards its African empire was mainly focused on informal imperialism. This type of control was mainly focused on trading agreements as Britain...

Words: 2248 - Pages: 9

Premium Essay

His 113 Appendix D

...that party. |Decisions and Actions |Democratic-Republican Party’s Beliefs and Ideals |Federalist Party’s Beliefs and Ideals | |Reducing the size of government |Cut back on military and allow only a tiny navy to protect the coast |Their shipping industry could be jeopardized by a weakened navy. | |Judiciary |Wanted to repeal the appointments made by John Adams and opposed to |Federalists still had power in the courts. Chief Justice John Marshall | | |partisanship |declared doctrine of judicial review giving the courts the right to judge | | | |the constitutionality of federal laws. | |Believed in states’ rights |Individual states should have more power over their citizens than the |The federal government should have power over the states and their | | |federal government |citizens. (govt.= sun; states= planets) | |voting |Wanted to give the power to vote to everyone...

Words: 706 - Pages: 3

Premium Essay

Who Started the Cold War?

...The Cold War Whodunit? Different views regarding the post war world order caused the Soviet Union and their leader, Joseph Stalin, to have conflicts with their allies (United State and Great Britain) after World War II. During the Second World War, the Allies had the common objective of defeating Nazi Germany and their ruthless leader, Adolf Hitler. Once the war was over, their difference in ideology led to Cold War which lasted much longer than World War II and it had a large impact on the economic, political, and cultural landscape of the world. The debate on who is responsible for the start of the Cold War has been debated for many years and is very complex. The Iron Curtain Speech by Winston Churchill plays a key role for future actions taken by the United States. The introduction of the Truman Doctrine is an example of a reactionary measure undertaken by the Allies that may not have occurred if Churchill did not give his famous speech. This essay will argue that the actions taken by the Western Allies between 1945 and 1948, albeit aggressive, were merely reactive, precautionary and preventative measures in response to the aggressive actions already taken by the Soviet Union. The outbreak of the Cold War can be tied to the aggressive nature of the Soviet’s actions behind the “Iron Curtain”, not the reactive, aggressive measures taken by the remaining Western Allies. The Iron Curtain Speech given by former British Prime Minister Winston Churchill was a warning to the United...

Words: 1444 - Pages: 6