Preview

Thurgood Marshall Speech Analysis

Good Essays
Open Document
Open Document
924 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Thurgood Marshall Speech Analysis
Ezenwa Emejuru
Assignment 1
10/11/14

The speech Thurgood Marshall gave in 1987 was part of the constitutional bicentennial celebration. Politicians and Judges around the country were celebrating the "Founding Fathers" for their intelligence at writing a document that established the guiding legal principles of the republic for generations. But Marshall was one of the few people pointing out that the original constitution required numerous amendments, momentous social transformations, and came to a crisis that required a Civil War to solve.
Thurgood Marshall argued that a major compromise made by the founding Fathers in drafting of the Constitution arose from the contradiction between guaranteeing liberty and justice to European, while denying
…show more content…
history. Marshall does not believe the United States is an impressive nation because of its Constitution and its founders, but because of those individuals who suffered, struggled, and sacrificed for freedom. Marshall views the bicentennial celebration as "oversimplified" and believes it "overlooks the many other events that have been instrumental to our achievement as a nation". He discusses the obvious fundamental flaw with the Constitution, which is, its exclusion of the abolition of slavery. Marshall argues that the slavery issue caused the corrupt understanding and forethought of the founding fathers and how they refused to address the …show more content…
Viewing the actions of the Supreme Court, he concludes that the court continued the mistakes of the past. Marshall refers to the court's opinion in the Dread Scott case as an example of the continued ignorance of the legal system toward African Americans. Marshall explains that Chief Justice Taney accepted the notion that the founding fathers were flawless because he took their opinions as pure fact. " 'We think they are not, and that they are not included, and were not intended to be included....They had for more than a century before been regarded as beings of an inferior order' ". Marshall illustrates that Chief Justice Taney and the Supreme Court made their decision on the basis of historical precedence. Instead of reexamining the meaning of "all men are created equal" and the morality and depression of slavery, the Court purely reaffirmed the prevailing opinion of the Framers regarding the rights of Negroes in America, Marshall

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Dr. King was a Babtist minister and had been advocating nonviolence and civil disobedience. He utilized many things in his approach to the speech. The powerful setting of the Lincon monument, the man who ended slavery, his appeal to both head and heart, his vivid and metaphorical use on language, use of contrast, reenforcment and repetition, his call to action, and he ends on a powerful and hopeful note. "Free at last, free at last, Great god a-mighty, we are free at…

    • 83 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    When the Dred Scott case came before the Supreme Court, Chief Justice Roger B. Taney was one of the five justices from states where slavery was legal. These five justices were the majority on the court, and believed that although the Missouri Compromise existed, a slave owner had the right to take his slaves anywhere he wished without fear that someone would remove his property from him. It was their feeling that regardless of the fact that Dred had lived in so called “free states,” he was still his owner’s property.…

    • 213 Words
    • 1 Page
    Good Essays
  • Good Essays

    1. John Marshall means in his statement that the constitution does not allow the judiciary branch to rule in such a way that Marbury would like. Although Marbury did lose his job, the context in which he earned his job was unconstitutional. Marshall's statement is referring to the inability of the judiciary branch to compensate Marbury for a job which was given in an unconstitutional way.…

    • 828 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Written by Chief Justice John Marshall, the majority ruled that while Marbury was entitled to receive his commission and that courts are able to grant remedies, the Supreme Court did not have the right to grant the plaintiff his legal order. The reasoning behind this was that Marbury’s request was based on a law passed by Congress that the Court deemed unconstitutional (Section 13 of the Judiciary Act of 1789). The Court then stated that when the Constitution and the law conflict, it is the Supreme Court’s duty to uphold the law of the land and rule in unity with the Constitution.…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It goes back to the election of 1800, when Thomas Jefferson of democrat republicans beat the federalists of John Adams. One of the most historic U.S supreme court cases to begin to emerge and develop an a effect on U.S history today was the case of William Marbury, v. James Madison. Explaining the origins and background of the case, I will discuss the major constitutional issues it raised while outlining the major points of the courts decision and the significance of the decision.…

    • 699 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Thomas Jefferson, American Founding Father and the principal author of The Declaration of independence, theorized that “the care of human life and happiness, and not their destruction, is the first and only object of good government.” Jefferson pointed to “unalienable rights,” and these rights were “giving to us by our creator and not by a government.” To protect the fundamental and individuals rights accordingly, James Madison was involved by including the Bill of Rights to The Constitution. The intention with these, was to remove the power from government reach only. Years after the Declaration of Independence and the Constitution was put in place, a remarkable Landmark decision by the United States Supreme Court was news and continues to…

    • 175 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    John Marshall strengthened the power of the federal government by expanding the power of the federal judiciary. Becoming Supreme Court Justice in 1801, John Marshall defined the judicial branch as a power in the US government for the first time. Before this point in time the judicial branch was weak and served little purpose. The Supreme Court had little power to check and balance the legislative and executive branches as intended. Marshall’s rulings on controversial cases like Marbury v. Madison (1803), Fletcher v. Peck (1809), and McCulloch v. Maryland (1819) laid the foundation for what we know today as a powerful judicial branch.…

    • 433 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Federalist Papers 51

    • 695 Words
    • 3 Pages

    Cited: Bianco, William T., and David T. Canon. "The Constitution and the Founding." American Politics Today. New York: W.W. Norton, 2011. 22-50. Print.…

    • 695 Words
    • 3 Pages
    Good Essays
  • Good Essays

    As the United States Chief Justice, John Marshall changed several governmental standards. These standards include the change in the judicial system and strengthening the central government. “As man whose political doctrines led always…to strengthen government at the expense of the people,” this quote states that Marshall’s goal was only to improve the federal government at the expense of the states. Marshall had served at Valley Forge and had been impressed with the drawbacks of no central authority, thus he became a lifelong Federalist, committed to strengthening the power of the federal government. His theory of putting the central government over the states is a corrupt and damaging idea that will lead to future events, such as Marbury v. Madison, McCulloch v. Maryland, Cohens v. Virginia, and Gibbons v. Ogden. The power of the federal government should be left in the hands of the states.…

    • 664 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Thurgood Marshall Essay

    • 878 Words
    • 3 Pages

    Thurgood Marshal, he was an Associate Justice of the United States Supreme Court in July 2, 1908. Before he actually became a judge, Marshall was a lawyer who was known for his success rate in arguing before the Supreme Court, what’s interesting is that when he was serving as the Solicitor General, he got appointed by Lyndon Johnson and also how he was the first black to attend this event . He challenged the segregation policy for equal education for student who went to Maryland University. He was very young when he won his first case before the Supreme Court. When he died, he got nominated by Bill Clinton. Another unique thing about him is that he graduated first in his class in 1933 and that is a huge accomplishment that he made. “Ending racial discrimination in jury selection can be accomplished by peremptory challenges entirely.” I want to be a lawyer like Marshall and win as many cases and move on to a higher rank, like he did. He was so good and famous that they named a school after him. He led a civil rights revolution in the 20th century, he was known by civil rights activist Martin Luther King, and Malcolm X, who advocated the overthrow of the system. He succeeded in creating protections under law for women, children, prisoners and homeless. He rejected Martin Luther King’s policy and Malcolm X’s policy as well. So he did many things and improved the country so well, and he was always good at what he did. When he got appointed to the Supreme Court as the first black, then I realized that anything is possible in life, and you could achieve anything your heart desires like this gentleman, Thurgood Marshall. I want to be like Marshall, and be remembered like Thurgood Marshall, being such a successful lawyer and winning many cases, what’s also amazing is that he become a lawyer and then he got appointed as a judge. He’ll be remembered by using the law and constitution to fight for the rights of…

    • 878 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    “If the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his house, what books he may read or what films he may watch.” Thurgood Marshall was born on July 2, 1908 in Baltimore, Maryland and died on January 24, 1993. His parents are Norma and William Marshall. He has one brother, William Marshall. Marshall studied at Frederick Douglass High School and was one of the top achievers in his class. Marshall grew up where Blacks weren’t getting the justice they deserved, so he joined the NAACP. Thurgood Marshall has not only gave blacks a right to education by ending racial segregation in public schools and was the first Black Supreme Court justice, he’s the most intelligent of civil rights movement…

    • 387 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The founding fathers wanted American Liberty. In Thomas Jefferson’s draft of the Declaration of Independence, he condemned the injustice of the slave trade and also blamed the presence of enslaved Africans in North America on the British. Jefferson therefore acknowledged that slavery violated the natural rights of the enslaved, while at the same time he excused Americans of any responsibility for owning slaves themselves. The Continental Congress rejected the tortured logic of this passage by deleting it from the final document, but this decision also signaled the…

    • 700 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Thomas Jefferson, a lawyer, author of the American Declaration of Independence and the third President of the United States, had much influence on the architects of the U.S. Constitution despite being abroad in France as it was being drafted in 1787.1 As London Fell points out, the 1776 Constitution of the Commonwealth of Virginia, was influenced by the three drafts submitted to the Virginia Constitution of that year and would later influence his close friend James Madison in his drafts of the U.S. Constitution.2 The U.S. Constitution was enacted in 1789 and commenting on how the U.S. Legal system and Constitution had developed since it's enactment in 1816, Jefferson stated:…

    • 1408 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    US Constitution

    • 862 Words
    • 4 Pages

    Transformed beyond recognition from the vision of the Founding Fathers’. Discuss this view of the modern US constitution.…

    • 862 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Criminal Procedure

    • 1339 Words
    • 6 Pages

    “The Constitution of the United States was ordained; it is true, by descendants of Englishmen, who inherited the traditions of English law and history; but it was made for an undefined and expanding future, and for a people gathered and to be gathered from many nations and of many tongues” (Zalman, 2008 PG 1). —Justice Stanley Matthews…

    • 1339 Words
    • 6 Pages
    Better Essays