Anonymous
Anonymous asked in Politics & GovernmentGovernment · 1 decade ago

how did John Marshall help Supreme Court?

how did John Marshall help to elevate the Supreme Court to be equal to the other branches of government?

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  • 1 decade ago
    Favorite Answer

    First off, John Marshall was not the first Supreme Court Justice; he was the fourth. John Marshall was a leading federalists and served as a counter-balance to the Democrat-Republicans (Thomas Jefferson, his cousin) who had taken control over congress and the Executive. The last hold out of the federalists was the Judiciary.

    John Marshall developed the idea that the Supreme Court had the power to review object cases that originated out of acts of the Legislature and the Executive branches, limited only to the extent that the action was a prudential or discretionary act. Marbury v. Madison. This basically established that the Court had the authority to declare an act of Congress or the Presidency as unconstitutional. The authority of review is essential to the American political process because it is one of the checks to keep the other branches under the control of the US Constitution. It was here that Marshall also noted that the US Constitution was the supreme law of the land and that all laws subsequent were bound to the form and spirit of the law. This is the most important doctrine to be developed by the Court.

    Later, J. Marshall would note that there was more to the Constitution than just the written text but that the Spirit of the text also existed. McCulloch v. Maryland. There the questions presented to the Court was whether the Federal Government had the authority, under the Constitution, to create a national bank (Bank of the United States). The answer to this was yes with the authority being derived from the necessary and proper clause of Art. I U.S. Const. § 8 cl. 18..(the necessary and proper clause). Thus so long as Congress was engaging in proper conduct to further a legitimate goal of the enumerated powers of the US Constitution, then Congress had the authority to enact a statute to fulfill the goal. The idea was considered to be prudential.

    It was later established in Gibbons v. Ogden, that Marshall would say that there was more to the Commerce Clause Art. I U.S. Const. §8 cl. 3. that there was more to the commerce clause than just the interstate sale of goods, but that the definition was broader and allowed Congress to regulate a broader level than initially believed. It is here that the Court argues that the Interstate Commerce Regulation Power is concurrent. The modern system of government is based off of a broad interpretation of this clause and this case.

    C.J. Marshall was intrinsic in developing the modern theories of the Constitution. If you truly would like to learn more I highly encourage you to read C.J. Marshall's other cases, they are quite fascinating. One other fact it was in Marbury that the idea that the union was unbreakable was later found, i.e. the US Civil War, was the last place where that was tried.

    Source(s): Marbury v. Madison, 5 U.S. 137 (1803) McCulloch v. Maryland, 17 U.S. 316 (1819) Gibbons v. Ogden, 22 U.S. 1 (1824)
  • 4 years ago

    1

    Source(s): Court Records Search Database - http://CourtRecords.oruty.com/?QpA
  • ?
    Lv 4
    4 years ago

    John Marshall's preferrred courtroom judgements exhibited the potential of the considered necessary authorities, over the state governments. this might want to be the reply till the question got here with a be conscious economic corporation.

  • cork
    Lv 7
    1 decade ago

    FIRST SUPREME COURT CHIEF JUSTICE.

    EQUAL? IT IS SUPERIOR TO ALL OTHERS.

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