Judicial Review: 1803 Chief Justice John Marshall

2140 words - 9 pages

The first U.S. Supreme Court case to apply the principle of "judicial review" - the power of federal courts to void acts of Congress in conflict with the Constitution is considered to be one of the most important cases in the Supreme Court history. This case was a landmark United States Supreme Court case because the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution (LII). Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive.

The issue that the case resolved was itself of little significance. It was all based on an issue of political patronage, pitting the ascendant Jeffersonians against the upcoming departing Federalists. The feud between them was intense and came to a full out blood bath at court. The case can only be understood against the background of the election of 1800, in which Thomas Jefferson defeated the incumbent president, John Adams, and his Democratic-Republican party also gained control of the Congress (McNamara). In those days, there was a long lame duck period between the November election and the inauguration of a new president (The Charters of Freedom).

Adams appointed John Marshall as Secretary of State, and then appointed him also as Chief Justice of the United States when that position became vacant. The Federalist-dominated Congress passed the Judiciary Act of 1801, which created circuit courts of appeal much like they are today, and relieved the justices of the Supreme Court of their obligation to "ride circuit." It also increased the jurisdiction of the federal courts. Adams immediately appointed 16 new judges to these courts--all Federalists--and all were confirmed by the Senate. On February 27, 1801, just days before Jefferson was to take office, Congress passed another bill. The Justice of the Peace Act provided Adams with the opportunity to appoint 42 justices of the peace to five-year terms in Washington (The Supreme Court Historical Society). Most of Adams's nominations went to deserving Federalists, and all were confirmed by the Senate. William Marbury was one of those appointed. These were known as the "Midnight Judges" (The Supreme Court Historical Society).

Virtually all constitutional law courses in America's colleges and law schools begin with the Marbury case. And there are good reasons for this. With the possible exception of the Supreme Court's 1819 decision in McCulloch v. Maryland - which held that “Congress had broad "implied" powers under Art. I, Sec. 8, Clause18 (the "Necessary and Proper" clause)” , and is generally considered to be the foundation of the modern state - no other case from this period offers so much (Exploring Constitutional Conflicts).

Marbury's visibility and influence now extends far beyond America's borders. It has been an inspiration and a model for many of the world's...

Find Another Essay On Judicial Review: 1803 Chief Justice John Marshall

Marbury v. Madison and Judicial Review

1022 words - 5 pages 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

John Marshall's Effect on the American Judicial System

2697 words - 11 pages Justices in the history of the United States and was the developer of the most important power of the Supreme Court, The Judicial Review. 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 discuss Marshall's great influence on

Judicial Review

1217 words - 5 pages 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

Nationalism After the War of 1812 and Important Court Cases of the Time

565 words - 2 pages After the war of 1812, a surge of nationalism spread everywhere throughout America. Having unofficially won the war without even an official army, the people of America became very proud of themselves and how their great country established such a feat. The nationalism grew until John Marshall, an aggressive Chief Justice, further strengthened and expanded it. He was a devout Federalist appointed by John Adams years before his most famous case

Short summaries on select important Supreme Court Cases

595 words - 2 pages Court Decisions1)Marbury v. Madison (1803) - On the last day of his presidency, President Adams appointed William Marbury as the justice of peace for the District of Columbia. However, the new secretary of state, James Madison, chose to shelf Marbury's commission. Marbury sued Madison for its delivery. In this case, Chief Justice Marshall knew that it would not be delivered and chose to dismiss Marbury's suit. Marshall claimed that the part of

The Marshall Court

1726 words - 7 pages cannot change the Court’s jurisdiction as defined by the Constitution, the Supreme Court had the ability to declare part of the Judiciary Act of 1789 unconstitutional. Marshall was the first chief justice to firmly stand by the idea that the Supreme Court had the ability to determine a law’s constitutionality, and by doing so, he established the idea of judicial review. This power of the Court has been exercised in numerous controversial court cases

From 1790 to 1857, the Supreme Court emerged as the most powerful branch of our government

1139 words - 5 pages issue of Federalism and states rights was decided in large part by John Marshall and the Supreme Court. He established the right of the Supreme Court to nullify any law that violated the Constitution. Also, the members serve so long their influence goes well beyond elected officials. John Marshall was the Chief Justice for 34 years. Roger Taney was his successor in 1837 and served through 1857. This time period from 1803 until 1857 only had two

Biography on John Marshall

626 words - 3 pages for a seat in the House of Representatives and actually won. He became close with president John Adams, and in 1880, Adams made him secretary of state. During Adams last two months of presidency, he made John Chief Justice of the United States.A major case which took place, was Marbury vs. Madison (1803). In this case, it founded the observance of Judicial Review by federal courts over actions of the other two branches of government. Marshall's

Marbury v. Madison

1723 words - 7 pages affects of the decision making process confirms the unequivocal importance of the Supreme Courts' opinions. Marbury v. Madison (1803) exemplifies this importance because Chief Justice John Marshall's reason of law infused judicial review into the judiciary, thus giving it the ability to uphold or reject the constitutionality of a legislative or executive order, and firmly establishing the judiciary as a coequal branch of the government.The dramatic

The Consitutional Interpretation

1536 words - 6 pages Marshall confirmed Hamilton’s emphasis on the role of the judges. He found that in the process of judicial review, judges need to have a clear and strong conviction in ruling the incompatibility of the law and constitution. In holding the power to rule statutes as unconstitutional, independence of public emotionalism and politics is vital. Upon the establishment of the power of judicial review, Chief-Justice Marshall, and later Chief-Justice Roger

Important Court Case in American History: Marbury v. Madison

604 words - 3 pages , both politically and constitutionally. In 1803, the Supreme Court was in the middle of conflict between Federalists and Democratic Republicans. Marshall appeased both by stating that Madison owed Marbury his commission, but that the court could not force Madison to issue it. This strengthened the independence of the federal judiciary. Thus, Marbury v. Madison was crucial in establishing Judicial Review and making the Judicial Branch both

Similar Essays

John Marshall: The Great Chief Justice

611 words - 2 pages law was unconstitutional, therefore setting a precident giving the Supreme Court the power to declare laws unconstitutional. Because of this ruling alone, John Marshall is a very prominent figure in American history and American law, but his acheivements do not end at that. During John Marshall's life, and particularly during his reign as chief justice, the power of the judicial branch became equally powerful to the other branches of the US government.

The Great Chief Justice: John Marshall

635 words - 3 pages unfortunately, Jay declined. Most promoted William Patterson. In the end, Adams opted for Marshall. The appointment was confirmed on January 27, 1801, commissioned on January 31, and he was finally sworn in on February 4. As head of the Judicial Branch and president of the Supreme Court, the "Chief Justice" position would not be so easy to handle. For a short time, Marshall would serve as both Secretary of State and Chief Justice, or at least until after

John Marshall: The Most Influential Chief Justice Of The Supreme Court

682 words - 3 pages appointment by President John Adams in 1801. John Marshall was the most influential Chief Justice of the Supreme Court because he was the first to make it a just and effective establishment that was equal to the two other branches of government by his court rulings and policies. Through his first case, Marbury v. Madison, Marshall formed a foothold for the Supreme Court through his administration of judicial review. In this case, Marbury

The Honorable John G. Roberts, Jr : A Biographical Sketch Of The 17th Chief Justice Of The United States

1222 words - 5 pages successor to Justice O'Connor and announced that he was nominating Roberts for the now vacant position of Chief Justice of the United States (Chief Justice Nomination). Roberts nominations was approved by the Senate Judiciary Committee on September 22, 2005. Roberts took the Constitutional oath of office on September 29th followed by the judicial oath on the 3rd of October. At the age of 50, at the time, Roberts became not only the Chief Justice of
ALBANIA 2018 EUROPA CEPT.BRIDGES.Block . MNH | Auditions No. 1 | Objets du XXe, récents