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John Marshall's Three Main Court Cases

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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. One of these justices that were appointed was William Marbury. The …show more content…

Maryland (1819) is a huge court in defining federalism, which is a balance of power between the national government and the state government. In 1816, Congress passed a law to incorporate the National Bank. They set first bank was set up in Philadelphia, then decided to set one up in Maryland which is led by James William McCulloch. The state Maryland was upset by this law, so they voted to pass a law which would tax all bank business not done with state banks, which take people who lived in Maryland but did business with banks in other states. Maryland passed this law due to what they believed was allowed under the tenth amendment which states if it is not in the constitution, it is up the states to make a decision. Maryland passed this law to tax the federal bank. McCulloch, the President of the bank refused to pay the tax. The State of Maryland sued McCulloch, and the Supreme Court accepted the case. In the opinion written by Chief Justice Marshall, the Court ruled that the Bank of the United States was constitutional and that the Maryland tax was not. The Supreme Court said that the Bank of the United States has every right due to the Necessary and Proper Clause of Article I, Section 8 which stated that Congress can pass laws that they consider “necessary and proper”. In addition, the Supreme Court also stated Maryland lacked the power to tax the Bank due to the Supremacy Clause of Article VI of the

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State of Maryland decided to impose a tax to exempt every bank in Maryland expect the Bank of the US. James Muculloch was the cashier of the Baltimore branch. When the bank’s Baltimore branch refused to pay the tax,Maryland sued James Muculloch. The Bank’s Baltimore branch refused to pay the annual tax of $15,000 in top of this was a $500 penalty for any state that violated the statute. McCulloch was convicted by a Maryland court of violating the tax statute because he refused to pay and was fined $2,500.

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National supremacy McCulloch v. Maryland was a supreme court case held back in 1819 concerning the topic of national bank and taxation. This court was like many more that came before it and after it as it was the national government and states government arguing in front of the supreme court. The bank was a national bank created in Maryland being the second ever created national bank. The case all took course after Maryland the state questioned the power of Congress being able to create a national bank. Then the state of Maryland imposed a tax on all branches of bank not “chartered by the legislature.”

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McCulloch v. Maryland In 1791 Congress chartered a bank in order to gain assistance for the government in financial situations. According to Thomas Jefferson this action was unconstitutional. Hamilton said that Congress can and will do all that is necessary and proper and that the use of a “bank is necessary and proper in order to collect taxes, further the nation’s welfare, conduct war, and so on.”

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The longest serving Chief Justice in Supreme Court history, Marshall dominated the Court for over three decades and played a major role in the improvement of the American legal system (Mod. 3b). John Marshall was a chief for 34 years leading the supreme court. Chief John Marshall performed a key role in the power of the federal and state governments during the mid-nineteenth century. Marshall gave it the strength and weight of the third, equivalent branch of government. Marshall's Court formed the new country with its understanding of the Constitution and the setting up of various early appropriate points of reference that was better describe, the part and size of the federal government.

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What was President John Adams goal before he ended his presidency? The Organic Act, this act was perfect it was to ensure that though John Adams was not going to be president anymore he would still have a majority of federalist become dominate and have federalist ideologies pretty much mandate the federal judiciary. He took action and choose forty-two justices of the peace and sixteen circuit court justices for the District of Columbia, but his plan later failed after the documents were not delivered on time and new president Thomas Jefferson choose not to submit the completed documents. William Marbury one of the recipients that was chosen by John Adams, refuse to accept Jefferson’s decision and took matters into his own hands. The facts of the case were vividly sought out, Marbury was to be appointed as justice of peace and his paperwork was completed and ready to be submitted before he could take office.

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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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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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Since Marbury was legally appointed, he had the right to his commission. Therefore, the court was to write a writ saying he was to get his commission. However, Marshall declared that the court could not issue the writ because the Judiciary Act of 1789 was unconstitutional. Section 13 of the Judiciary Act of 1789 that gave the Supreme Court the power to issue the writ was unconstitutional because Article III of the Constitution did not give the Supreme Court this power. Congress could not give the court the power to pass the Judiciary Act of 1789 because it went against the Constitution.

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Maryland there was the issue of whether or not the state had the power to tax the federal government. Also, if the United States can establish a national bank even though not directly mentioned in the Constitution. In this case, Justice Marshall defined the Necessary and Proper Clause and the National Supremacy Clause. A National Bank was needed to be created to carry out the enumerated powers. The creation of the bank was justified because though not clearly mentioned with the Constitution, other powers were mentioned such as the power to collect taxes, to loan money, and to regulate commerce.

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The Implied Powers of Congress The Necessary and Proper Clause grants the Congressional power to execute all its foregoing power and any other power that is vested by the constitutional framework of the U.S. government (Mann and Roberts 76). As claimed by Stephens and Scheb, the infamous McCulloh v. Maryland case remains pivotal in this realm as it grew out as a potential source of conflict involving the state and national authorities in the realm of fiscal policies in 1819 (Stephens and Scheb 95). The case was as a result of a conflict over the establishment of a national depository. As such, the Maryland State raised questions that bordered on the legitimacy of the Congress in establishing the bank since banking was not placed on the congressional

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674 Words | 3 Pages

The Supreme Court case McCulloch v Maryland originally originated in Maryland when the Maryland legislature decided to levy a tax on all branches of the banks. It was aimed to destroy the Baltimore branch of the Bank of the United States. James McCulloch was a cashier at the Baltimore branch. He was issuing bank notes without complying with the Maryland law. Maryland had sued McCulloch for refusing to pay the taxes under the Maryland statute.

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Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

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245 Words | 1 Pages

The Marbury vs Madison case was a landmark Supreme Court case that formed the basis of judicial review. William Marbury had been anointed justice of peace by John Adams at the end of his term as President. James Madison believed that he should not have been appointed justice of peace. Following this, Madison did not deliver Marbury’s commission which resulted in the Marbury vs Madison case. As acting Chief Justice John Marshall told Madison that what he had done was illegal, but since Marbury’s petition was out of jurisdiction Madison claimed it unconstitutional so the court could not order Madison to return the papers.

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Madison court case that took place in 1803. The law that was declared by the Supreme Court at this hearing was that a court has the power to declare an act of Congress void if it goes against the Constitution. This case took place because President John Adams had appointed William Marbury as justice of the peace in the District of Columbia, and the new president, Thomas Jefferson, did not agree with this decision. William Marbury was not appointed by the normal regulation, which was that the Secretary of State, James Madison, needed to make a notice of the appointment. James Madison did not follow through and make a notice of Marbury’s appointment; therefore, he sued James Madison, which was where the Supreme Court came in place.

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The Supreme Court has also evolved over time when chief justice John Marshall became the fourth chief of the U.S. Supreme Court in 1801. He is largely responsible for establishing the Supreme Court's role in federal government. One of Marshall's first landmark cases was Marbury v. Madison, which established the basis of judicial review. John Marshall ruled that the Supreme Court lacked the power to make Madison hand over the commission, although he thought that Marbury had the right to have it. In the process, Marshall determined that Section 13 of the Judiciary Act of 1789—authorizing the Supreme Court to issue writs to government officials—was unconstitutional.

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