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How Did Marshall Use Marbury V Madison As Epochal

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Marbury v Madison Many historical and legal scholar describe the case of Marbury V Madison as epochal and I agree with that because it created the question who had the last say to determine the meaning of the constitution, created Judicial review, and that Jefferson tried to impeach Samuel Chase one of the Supreme Court justice because Marshall gave the Supreme Court tremendous power. First of all, the case of Marbury v Madison was epochal because it sparked the question who had the final say in finalizing the meaning of the Constitution because on (page 211) of The American Pageant it states,”In this self denying opinion, Marshall greatly magnified the authority of the Court and slapped at the Jeffersonians. Until the case of Marbury v. …show more content…

The idea the the Supreme court alone had the last word on the question of constitutionality. In this landmark case, Marshall inserted the keystone into the arch that supported the tremendous power of the Supreme Court in American life.” This textual evidence shows that John Marshall from the previous paragraph that he pushed the authority of the court which lead to now the promotion of judicial review. The judicial review was the idea that the Supreme Court had the last response on the questioning of constitutionality. The judicial review was a long term ramification because it is still used still today to review the a law that is brought before it through a …show more content…

Marshall’s decision regarding Marbury spurred the Jeffersonians to seek revenge. Jefferson urged the impeachment of an arrogant and tart-tongued Supreme Court justice, Samuel Chase, who was so unpopular that Republicans named vicious dogs after him. Early in 1804 impeachment charges against Chase were voted by the House of Representatives, which then passed the question of guilt or innocence on to the Senate. The indictment by the House was based on “high crimes, and misdemeanors,’’ as specified in the Constitution. Yet the evidence was plain that the intemperate judge had not been guilty of “high crimes,’’ but only of unrestrained partisanship and a big mouth. The Senate failed to muster enough votes to convict and remove Chase. The precedent thus established was fortunate. From that day to this, no really serious attempt has been made to reshape the Supreme Court by the impeachment weapon. Jefferson’s ill advised attempt at “judge breaking’’ was a reassuring victory for the independence of the judiciary and for the separation of powers among the three branches of the federal government.”

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John Marshall altered the Court’s position within the constitutional system and engaged a dynamic battle to sustain the federal authority over the interstate business and in dealings between the states and the federal government. This he did during the thirty-four years he was the chief justice and to date is a legacy in the Court’s history. Marbury v. Madison (1803) marked the commencing of Marshall’s record of achievement in which he justified the Court’s supremacy of judicial review - the rule to assess the constitutionality of state laws and other actions of the government - and put down the foundations of national constitutional jurisprudence. In Fletcher v. Peck (1810), Marshall alleged that a land grant was a contract that a government

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Adams had appointed several justices for the District of Columbia prior to being defeated. The senate had approved the commissions and the commissions signed by the president as well as being affixed with the government's official seal. However, the commissions were not delivered, and when Jefferson took office, he instructed James Madison the Secretary of States not to deliver them. William Marbury who was on the list of appointees petitioned the Supreme Court for a legal order compelling Madison to explain why he was not to receive the commission (Clinton 1994). Issues

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John Marshall wrote, “the theory of every such government must be, that an act of the legislature repugnant to the constitution is void” (Findlaw.com, 2015). This was the first time the court nullified an act of Congress. Ultimately, the ruling by the Supreme Court brought into question the power of judicial review and their future involvement in regards to federal

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John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

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He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.

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John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.

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The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.

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In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

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The case was taken before the Supreme Court where it was presented for over a week. Some argued that he had not committed any impeachable crimes, while others found his outspoken attitude to be dangerous. During his trial, he did not testify and he was represented by the highly regarded and respected lawyer, Martin Luther. On March 1, 1805, he was found not guilty of all charges. Chase continued to serve six more years as an Associate Justice until his death of a heart attack on the 19th of June in

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After gaining a seat in the Supreme Court and the case of Marbury versus Madison, Marshall created another segments of the court that revises actions of the executive and legislative branch, the judicial review. Because of the Judicial Review, the Supreme Court has the authority to have the final verdict on court cases and to rule something as unconstitutional. Before John Marshall, the judicial branch was not as strong as the other two branches, but with his intervention all branches were able to reach equality. The citizens during the time period had a higher probability to have a fair verdict without corruption and citizens, today, continue to have that liberty. Since, the Marbury versus Madison case, the courts continue to use it as a foundation of how the Supreme Court functions to avoid any unfairness or abuse of power.

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The Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with

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The Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into

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