Essays24.com - Term Papers and Free Essays
Search

John Marshall's Tenure as Chief Justice of the Supreme Court - Marshall Court

Essay by   •  February 20, 2018  •  Essay  •  757 Words (4 Pages)  •  1,059 Views

Essay Preview: John Marshall's Tenure as Chief Justice of the Supreme Court - Marshall Court

Report this essay
Page 1 of 4

During John Marshall's tenure as Chief justice of the supreme court he made a number of critical decisions in many different court cases, all of them strengthening the power of the federal government and restricting the power of the state government. His decisions helped create a basis for government and the foundation for economic strength in the United States. During the 1800s there was a prevailing sense of nationalism among the people where they felt that they had a duty to become a model for the rest of the world. "Marbury v. Madison", McCulloch v. Maryland", and "Worcester v. Georgia", as well as several other cases would lay down what would be known as American concepts and rights applied to the government that influenced the sense of nationality among the people of the United States.

Marbury v. Madison" was a case in which for the first time in our history, judicial review was established. It gave the judiciary branch their sense of power and purpose in the government. To rule something unconstitutional or not gave a sense of nationalism because it reinforced policies brought to Americans by our founding fathers. This court case also strengthens the government because checks and balances within the three branches was set up and carried out. The Supreme Court could declare the actions of either the president or the Congress unconstitutional, the Congress could legislate and create the laws, and the executive branch could enforce them as well as controlling the military. It is debatable that "Marbury v. Madison is the sole case that created the power of the Supreme Court in our government, but it definitely set precedent for future court cases allowing the Supreme Court to use their power in the government.

Another concept that encourages nationalism is national supremacy, or that federal law is superior to laws created by individual states. Prominently in "McCulloch v. Maryland", the state of Maryland wanted to weaken the second National Bank by enforcing a tax that declared any bank not mandated or chartered by the state would be taxed. The National Bank, being one of the only banks not chartered by Maryland, would be discouraged to use with this policy in place John Marshall and the Supreme Court declared this act by Maryland unconstitutional because national law can "void" any state law. Another similar case similar to this was "Gibbons v. Ogden" because New York tried to give a monopoly to a steamboat company on the Hudson River, but court declared this unconstitutional. National supremacy elevates nationalism where it enforces laws as a united union, and that states do not solely depend on their own laws. It also eliminates the idea that the states are apart of a confederation, or loosely fit government.

...

...

Download as:   txt (4.5 Kb)   pdf (42.2 Kb)   docx (11.4 Kb)  
Continue for 3 more pages »
Only available on Essays24.com