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John Marshals Principles

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John Marshals Principles

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  • November 5, 2013
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John Marshal’s Principles
John James Marshall was born on September 24, of 1755 in Germantown Virginia. Marshal was the fourth Chief Justice of the United States serving from 1801 to 1835. Marshal had many philosophies that have shaped this nations practice of government and economics. Marshal established the idea of the division of government into three branches. Marshall also established the Supreme Court as an independent and strong third branch of the U.S. federal government.

In 1789, and act called the Judiciary Act was put in place to create the framework of the Federal Court System. However; there were cracks in the system. In some cases, congress would get involved with the courts and so would the President. In 1801, on John Adams last day of his presidency, Adams began signing Federalists to the Supreme Court because he was afraid that Thomas Jefferson who got voted in would re-write the constitution and the whole way the government ran because he was a Republican. One of those men who Adams signed last minute was William Marbury who was appointed to the position of Justice of Peace in the District of Columbia. Marbury was assigned by President John Adams but, his papers were not delivered on time and so with the new President Thomas Jefferson, there was a new cabinet and so the new Secretary of State James Madison denied Marbury’s appointment and so Marbury sued Madison in court which became known as the Marbury vs. Madison case. The Court, with John Marshall as Chief Justice, found that Madison’s decision was illegal. However, the Court didn’t compel Madison to give Marbury his commission because Marshal found that the Judiciary Act of 1789 that gave Marbury the right to bring his claim to the Supreme Court was unconstitutional. The case was then dismissed and Marbury was denied his commission. Because of the Marbury vs. Madison case, Marshal recognized the flaw in the Judiciary Act of 1789 and therefore proposed that all the branches of...