Chief Justice Marshall

Examples of Chief Justice Marshall in the following topics:

• McCulloch v. Maryland

  • Chief Justice Marshall supported this conclusion with four main arguments.
  • Second, Chief Justice Marshall refuted the argument that states retain ultimate sovereignty because they ratified the Constitution.
  • Third, Marshall addressed the scope of congressional powers under Article I.
  • Chief Justice Marshall also explained in this case that the Necessary and Proper Clause "purport[s] to enlarge, not to diminish the powers vested in the government.
  • Chief Justice Marshall also determined that Maryland may not tax the bank without violating the Constitution, thus voiding the tax on the grounds that it was unconstitutional.

• The Last Days of the Federal Presidency: The Midnight Judges

  • Chief Justice Marshall's decision about "midnight judges" gave the Court authority to declare the constitutionality of congressional and presidential acts.
  • Chief Justice Marshall ruled that the Constitution did not grant the Supreme Court power to issue such writs.
  • However, Marshall had established the foundational concept of judicial review—the power of the Supreme Court to rule on the constitutionality of congressional legislation and presidential acts.
  • Madison, Justice Marshall defined the Court's judicial power as the authority to judge the actions of the other two federal branches of government—claiming that judicial review was a logical and implicit principle established in the Constitution.
  • Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.

• The Burr Conspiracy

  • He was acquitted due to lack of evidence, as Chief Justice Marshall did not consider conspiracy without actions sufficient for conviction.
  • Burr's lawyers, including John Wickham, asked Chief Justice John Marshall to subpoena Jefferson, claiming that they needed documents from Jefferson to accurately present their case.
  • Chief Justice Marshall decided that the subpoena could be issued despite Jefferson's presidency.
  • Though Marshall vowed to consider Jefferson's office and avoid "vexatious and unnecessary subpoenas," his ruling was significant because it suggested that, like all citizens, the president was subject to the law.

• The Marshall Court

  • John Marshall (September 24, 1755–July 6, 1835) was chief justice of the Supreme Court from 1801 until 1835.
  • Marshall was thrust into the office of chief justice in the wake of the 1800 presidential election.
  • The incumbent Chief Justice Oliver Ellsworth was in poor health, so Adams first offered the seat to ex-Chief Justice John Jay, who declined on the grounds that the Court lacked, "energy, weight, and dignity."
  • Soon after becoming chief justice, Marshall changed the way the Supreme Court announced its decisions.
  • John Marshall was the chief justice of the Supreme Court from 1801–1835.

• The Transformation of Law

  • John Marshall greatly impacted the legal system in the United States during his 30 year tenure as Chief Justice of the Supreme Court.
  • The Supreme Court also gained significant power under the leadership of Chief Justice John Marshall , who served from 1801 to 1835.
  • John Marshall (1755 – 1835) was the fourth Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches.
  • Another important case over which Marshall presided was Gibbons v.
  • John Marshall was Chief Justice of the Supreme Court for over 30 years.

• The Expansion of the Federal Government

  • During John Marshall's 34-year tenure as chief justice, a number of important Supreme Court decisions defined the federal government's role and powers.
  • Supreme Court under Chief Justice John Marshall played a central role in defining the power of the federal and state governments during the early nineteenth century.
  • The three chief justices prior to Marshall had had little influence on the office or the Supreme Court itself.
  • During his time as chief justice, Marshall ruled in several influential cases that set precedents around issues such as judicial review and federal versus state powers.
  • The Court, with Marshall as chief justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy known as a writ of mandamus.

• Judicial Review and Marbury v. Madison

  • The act also reduced the number of Supreme Court justices from six to five, effective upon the next vacancy in the Court.
  • This task fell to John Marshall, who, despite being appointed chief justice of the United States, continued serving as the acting secretary of state at President Adams' personal request.
  • According to Marshall, the appointments, "... had been properly submitted and approved, and were therefore legally valid documents."
  • Because the appointments were routine in nature, Marshall assumed that new Secretary of State James Madison would ensure their delivery.
  • Madison in 1803, Chief Justice John Marshall agreed that Marbury had the right to a legal remedy, establishing that individuals had rights even the president of the United States could not abridge.

• Gibbons v. Ogden

  • Chief Justice John Marshall avoided the issue of exclusivity of federal powers over commerce, claiming it was not essential to the case.
  • Instead, Marshall relied on an existing federal statute for licensing ships in reaching his decision.
  • In formulating his opinion on this case, Marshall began the careful work of determining what the phrase "commerce...among the several states" actually means in the Constitution.
  • Of course, the steamboats in this case did cross a state line, but Marshall suggested that his opinion had an even broader scope.
  • Ogden case, Marshall began the careful work of determining what the phrase "commerce...among the several states" meant.

• Marbury v. Madison

  • The case resulted from a petition to the Supreme Court by William Marbury who had been appointed by President John Adams as Justice of the Peace in the District of Columbia.
  • The Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.

• The Warren Court

  • The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice.
  • Prominent members of the Court during the Warren era besides the Chief Justice included Justices William J.
  • Douglas, Hugo Black, Felix Frankfurter, and John Marshall Harlan II.
  • Warren's greatest asset—what made him in the eyes of many of his admirers "Super Chief"—was his political skill in manipulating the other justices.
  • The Supreme Court in 1953, with Chief Justice Earl Warren sitting center.