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- 1. Unit 5: Part 2 John Marshall
- 5. John Marshall A leader of the Federalist Party in Virginia. Secretary of State under President John Adams 1800- 1801. Appointed Chief Justice of the United States 1801–1835 by President Adams. Marshall built up the third branch of the federal government: made the Supreme Court of the United States a coequal branch of gov’t with the legislative & executive branches. The longest-serving Chief Justice and the fourth longest- serving justice in US Supreme Court history, Marshall dominated the Court for over three decades & played a significant role in the development of the American legal system. He reinforced the principle that federal courts are obligated to exercise judicial review, by disregarding purported laws if they violate the Constitution. Built a stronger federal government over the opposition of the Jeffersonian Republicans, who wanted stronger state governments. He helped to establish the Supreme Court as the final authority on the meaning of the Constitution. Marshall served as Chief Justice during all or part of the administrations of six Presidents: John Adams, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams and Andrew Jackson. He remained an advocate of Federalism and a nemesis of the Jeffersonian school of gov’t.
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- We are going to be discussing John Marshall.Objectives:Reveal who appointed John Marshall the {CLICK} Chief Justice of the Supreme Court.2. Explain how John Marshall built the third branch of the federal government {CLICK} (The Judicial Branch): making the Supreme Court of the United States a coequal branch of gov’t with the legislative & executive branches.3.Discuss the {CLICK} Marbury v. Madison case and point out that it was the only case in which the court ruled an act of Congress unconstitutional.4. Examine how the Marbury v. Madison case gave the Supreme Court final authority to judge whether or not actions of the president or of the congress are within the powers granted to them by the Constitution.5. Discuss how the Marbury v. Madison established that the Constitution itself is the supreme law, and when the Court believes that a specific law or action is in violation of it, the Court must uphold the Constitution.
- Who was the first President of the United States?Who was the second President of the United States?Who was the third President of the United States?Right before John Adams left office, Adams appointed John Marshall the Chief Justice of the Supreme Court.**Q: Put these in order.A: George Washington becomes first president John Adams becomes president John Marshall is appointed chief justice Thomas Jefferson becomes president.
- John Marshall (September 24, 1755 – July 6, 1835) was the oldest of fifteen, John had eight sisters and six brothers. Also, several cousins were raised with the family. He was also relative of Thomas Jefferson, both of them being descendants of Virginia colonist William Randolph, though Marshall and Jefferson would oppose each other on many political issues.[5] From a young age, he was noted for his good humor and black eyes, which were "strong and penetrating, beaming with intelligence and good nature".[6]All of the Marshall children were accomplished, literate, and self-educated under their parents' supervision. Although books were a rarity for most in the territory, Thomas Marshall's library was exceptional.John was sent, at age fourteen, about one hundred miles from home to an academy in Washington . Among his classmates was James Monroe, the future president. The Marshalls had long before decided that John was to be a lawyer. Marshall served in the Continental Army during the American Revolutionary War and was friends with George Washington. He served first as a Lieutenant in the Culpeper Minutemen from 1775 to 1776, and went on to serve as a Lieutenant and then a Captain in the Eleventh Virginia Continental Regiment from 1776 to 1780.[11][12] During his time in the army, he enjoyed running races with the other soldiers and was nicknamed Silverheels for the white heels his mother had sewn into his stockings.[13] Marshall endured the brutal winter conditions at Valley Forge (1777–1778).John Marshall was admitted to the Bar in 1780. He was in private practice in Virginia before entering politics.Marshall was selected as a delegate to the Virginia convention responsible for ratifying or rejecting the United States Constitution, which had been proposed by the Philadelphia Convention a year earlier. Together with James Madison and Edmund Randolph, Marshall led the fight for ratification.Marshall identified with the new Federalist Party (which supported a strong national government and commercial interests), and opposed Jefferson's Republican Party (which advocated states' rights). Marshall had been a leader of the Federalist Party in Virginia.In 1795, Marshall declined Washington's offer of Attorney General of the United States and, in 1796, declined to serve as minister to France. In 1798, Marshall declined a Supreme Court appointment. In 1799, Marshall reluctantly ran for a seat in the United States House of Representatives. Although his congressional district favored the Democratic-Republican Party, Marshall won the race. John Marshall served in the United States House of Representatives from 1799 to 1800.He was Secretary of State under President John Adams from 1800 to 1801.Nomination of Chief Justice:Adams surprised Marshall, who was with him at the time and able to accept the nomination immediately.[30] The Senate at first delayed, hoping that Adams would make a different choice, the Senate finally relented "lest another not so qualified, and more disgusting to the Bench, should be substituted, and because it appeared that this gentleman [Marshall] was not privy to his own nomination".President John Adams offered this appraisal of Marshall's impact: "My gift of John Marshall to the people of the United States was the proudest act of my life.”Marshall served as Chief Justice during all or part of the administrations of six Presidents: John Adams, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams and Andrew Jackson. He remained a stalwart advocate of Federalism and a nemesis of the Jeffersonian school of government throughout its heyday. He participated in over 1000 decisions.He helped to establish the Supreme Court as the final authority on the meaning of the Constitution in cases and controversies that must be decided by the federal courts.[26] His impact on constitutional law is without peer, and his imprint on the Court's jurisprudence remains indelible.
- John Marshall was the Chief Justice of the U.S. (1801–1835). His court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of gov’t along w/ the legislative & executive branches. The longest-serving Chief Justice and the fourth longest-serving justice in US Supreme Court history, Marshall dominated the Court for over three decades and played a significant role in the development of the American legal system. Most notably, he reinforced the principle that federal courts are obligated to exercise judicial review, by disregarding purported laws if they violate the Constitution. Thus, Marshall cemented the position of the American judiciary as an independent and influential branch of government. Furthermore, Marshall's court made several important decisions relating to federalism, affecting the balance of power between the federal government and the states during the early years of the republic. In particular, he repeatedly confirmed the supremacy of federal law over state law, and supported an expansive reading of the enumerated powers. Some of his decisions were unpopular. Nevertheless, Marshall built up the third branch of the federal government, and augmented federal power in the name of the Constitution, and the rule of law. Marshall was the leading Federalist of the day, pursuing Federalist Party approaches to build a stronger federal government over the opposition of the Jeffersonian Republicans, who wanted stronger state governments. Marshall used Federalist approaches to build a strong federal government over the opposition of the Jeffersonian Democrats, who wanted stronger state governments. His influential rulings reshaped American government, making the Supreme Court the final arbiter of constitutional interpretation. **Q: When the concept of judicial review was first applied, it required that all decisions and interpretations of laws had to be analyzed according to which of the following?A: Legality under the Constitution**Q: Which of the following is the most important factor a judge uses when conducting a judicial review of a gov’t action?A: Rules and laws set forth in the U.S. Constitution.
- Soon after becoming Chief Justice, Marshall changed the manner in which the Supreme Court announced its decisions. Previously, each Justice would author a separate opinion (known as a seriatim opinion) as is still done in the 20th and 21st centuries in such jurisdictions as the United Kingdom and Australia. Under Marshall, however, the Supreme Court adopted the practice of handing down a single opinion of the Court, allowing it to present a clear rule.[34] As Marshall was almost always the author of this opinion, he essentially became the Court's sole spokesman in important cases.*Q: Which of the following is the most valuable leadership quality for a supreme court chief justice, such as John Marshall?A: An ability to discuss issues logically and make well-reasoned arguments.Marshall's forceful personality allowed him to steer his fellow Justices; only once did he find himself on the losing side in a constitutional case. Marshall had charm, humor, a quick intelligence, and the ability to bring men together. His sincerity and presence commanded attention. His opinions were workmanlike but not especially eloquent or subtle. His influence on learned men of the law came from the charismatic force of his personality, and his ability to seize upon the key elements of a case and make highly persuasive arguments. Together with his vision of the future greatness of the nation, these qualities are apparent in his historic decisions and gave him the nickname, The Great Chief Justice. Marshall ran a congenial court; there was seldom any bickering.
- The Marshall Court struck down an act of Congress in only one case (Marbury v. Madison in 1803) but that established the Court as a center of power that could overrule the Congress, the President, the states, and all lower courts if that is what a fair reading of the Constitution required.Marbury v. MadisonMarbury v. Madison (1803) was the first important case before Marshall's Court. In that case, the Supreme Court invalidated a provision of the Judiciary Act of 1789 on the grounds that it violated the Constitution by attempting to expand the original jurisdiction of the Supreme Court. Marbury was the first and only case in which the Marshall Court ruled an act of Congress unconstitutional, and thereby reinforced the doctrine of judicial review. Thus, although the Court indicated that the Jefferson administration was violating another law, the Court said it could not do anything about it due to its own lack of jurisdiction. President Thomas Jefferson took the position that the Court could not give him an order even if the Court had jurisdiction: “In the case of Marbury and Madison, the federal judges declared that commissions, signed and sealed by the President, were valid, although not delivered. I deemed delivery essential to complete a deed, which, as long as it remains in the hands of the party, is as yet no deed, it is in posse only, but not in esse, and I withheld delivery of the commissions. They cannot issue a mandamus to the President or legislature, or to any of their officers. ”More generally, Jefferson lamented that allowing the Constitution to mean whatever the Court says it means would make the Constitution "a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. "Because Marbury v. Madison decided that a jurisdictional statute passed by Congress was unconstitutional, that was technically a victory for the Jefferson administration (so it could not easily complain). Ironically what was unconstitutional was Congress' granting a certain power to the Supreme Court itself. The case allowed Marshall to proclaim the doctrine of judicial review, which reserves to the Supreme Court final authority to judge whether or not actions of the president or of the congress are within the powers granted to them by the Constitution. The Constitution itself is the supreme law, and when the Court believes that a specific law or action is in violation of it, the Court must uphold the Constitution and set aside that other law or action, assuming that a party has standing to properly invoke the Court's jurisdiction. Chief Justice Marshall famously put the matter this way: “It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each.” The Constitution does not explicitly give judicial review to the Court, and Jefferson was very angry with Marshall's position, for he wanted the President to decide whether his acts were constitutional or not. Historians mostly agree that the framers of the Constitution did plan for the Supreme Court to have some sort of judicial review; what Marshall did was make operational their goals. Judicial review means a government in which no person (not even the President) and no institution (not even Congress or the Supreme Court itself), nor even a majority of voters, may freely work their will in violation of the written Constitution. Marshall himself never declared another law of Congress or act of a president unconstitutional. Marbury v. Madison, (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.