Major Supreme Court Cases Under Judge John Marshall

Topics: Supreme Court of the United States, United States Constitution, United States Congress Pages: 5 (1488 words) Published: January 24, 2002
The decisions made by Supreme Court chief justice John Marshall have had a major influence on today's Judiciary System. One of his major decisions was in the case Marbury v. Madison, in which he set the precedent of judicial review. Another major decision is in the case McCulloch v. Maryland, in this case Marshall ruled that Congress possesses certain implied powers. Other major decisions made by Marshall were in the cases Dartmouth College v. Woodward, Gibbons v. Ogden, in which Marshall defined national power over interstate commerce, and Cherokee Nation v. State of Georgia.

"John Marshall was the fourth chief justice of the United States, he was known as Great Chief Justice. He established the modern status of the Supreme Court. He served in the Revolutionary War, studied law, and was elected to the Virginia legislature in 1782. A staunch Federalist, Marshall supported acceptance of the Constitution. He declined ministerial posts but became one of the United States negotiators who resolved the XYZ Affair. Elected to Congress in 1799, he was made secretary of state by President John Adams. In 1801 he became Chief Justice. Marshall labored to increase the then-scant power and prestige of the Supreme Courts" (Harkavy, 680).

One of Chief Justice John Marshall's first decisions was in the case Marbury v. Madison. "Near the end of President Adams first administration Congress authorized the President to appoint justices of the peace for the District of Columbia. This was the occasion of the midnight appointments and the failure of Adam's Secretary of State to deliver commissions of appointment. A new administration took office and Secretary of State Madison, directed by President Jefferson, refused delivery. Thereupon Marbury, one of the midnight appointees, went to the Supreme Court requesting a judicial order, writ of mandamus, to compel Madison to deliver his commission. Article III. Section 2, of the Constitution gives the Supreme Court original jurisdiction only in cases affecting the Ambassadors, other public Ministers and Consuls, and those in which a state shall be a Party. Marbury's case did not fall in that category. Marbury went to the Supreme Court because in his view an act of Congress, Section 13 of the Judiciary Act of 1789, authorized him to do so. The clash between Constitution and Act of Congress became a problem in the court's decision" (Mendelson, 5-6). "The court refused to rule on the appointment because Section 13 gave the Supreme Court powers not provided by the constitution. The court declared Section 13 unconstitutional. This marked the first time the United States Supreme Court declared a federal law unconstitutional. It established the supremacy of the Constitution over laws passed by congress and the right of the court to review the Constitutionality of legislation" (Kutler, 193). "Marshall stated the powers of the legislature are defined and limited…It is emphatically the province and the duty of the judicial department to say what the law is. The Constitution was thus established as a legal document subject to interpretation only by the courts" (U.S. Law, 883). Another one of Marshall's major decisions was in the case of McCulloch v. Maryland. "James McCulloch, cashier of the Baltimore branch of the Bank of the United States, refused to pay a Maryland State tax on the bank. The court first upheld the implied powers of Congress to create a bank, because Congress needed a bank to exercise its specified power. The tax was declared unconstitutional because it interfered with an instrument of the federal government. He ruled that Congress has implied powers in addition to those specified in the Constitution, and when federal and state powers conflict, federal powers prevail" (Kutler, 335). "Marshall's opinion for the court in McCulloch v. Maryland upheld the constitutionality of the Second Bank of the United States, which has been created by an Act of Congress in 1816, on the basis of implied...

Bibliography: Harkavy, Michael D., "Marshall, John." The New Webster 's
International Encyclopedia, 1996, 680.
Great American Trials, 1994, 88-90.
Kutler, Stanley L., "Gibbons v. Ogden." World Book, 1992,
8, 185.
Kutler, Stanley L., "Marbury v. Madison." World Book, 1992,
13, 193.
Kutler, Stanley L., "McCulloch v. Maryland." World Book,
1992, 13, 335.
Mendelson, Wallace. "Dartmouth College v. Woodward." The
Constitution and the Supreme Court, 1965, 2nd Edition, 242-245.
Mendelson, Wallace. "Gibbons v. Ogden." The Constitution
and the Supreme Court, 1965, 2nd Edition, 85-91.
Mendelson, Wallace. "Marbury v. Madison." The Constitution
and the Supreme Court, 1965, 2nd Edition, 5-9.
Mendelson, Wallace. "McCulloch v. Maryland." The
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"U.S. Law." The Volume Library 1, 1997, 11, 883.
William, Jerre S., "Dartmouth College Case." World Book,
1992, 5, 38.
Williams, Owen G., "Marshall, John." World Book, 1992, 13,
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