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 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.

• Informal Methods of Amending the Constitution: Societal Change and Judicial Review

  • This is commonly held to have been established by Chief Justice John Marshall in the case of Marbury vs.

• Two Judicial Revolutions: The Rehnquist Court and the Roberts Court

  • William Rehnquist served as an Associate Justice on the Supreme Court of the United States, and later as the 16th Chief Justice of the United States.
  • When Chief Justice Warren Burger retired in 1986, President Ronald Reagan nominated Rehnquist to fill the position.
  • Rehnquist presided as Chief Justice for nearly 19 years, making him the fourth-longest-serving Chief Justice after John Marshall, Roger Taney and Melville Fuller.
  • The Roberts Court refers to the Supreme Court of the United States since 2005, under the leadership of Chief Justice John G.
  • After the death of Chief Justice Rehnquist, Roberts was nominated by President George W.

• 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.

• The Confirmation Process

  • The modern practice of the Committee questioning every nominee on their judicial views began with the nomination of John Marshall Harlan II in 1955.
  • Top row (left to right): Associate Justice Sonia Sotomayor, Associate Justice Stephen G.
  • Breyer, Associate Justice Samuel A.
  • Bottom row (left to right): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G.
  • Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg.

• Judicial Activism and Restraint

  • The phrase is generally traced back to a comment by Thomas Jefferson, referring to the despotic behavior of Federalist federal judges, in particular, John Marshall.
  • Former Associate Justice Oliver Holmes Jr. is considered to be one of the first major advocates of the philosophy.
  • Former Associate Justice Felix Frankfurter , a Democrat appointed by Franklin Roosevelt, is generally seen as the model of judicial restraint.
  • When Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time magazine said he was not following the theory of judicial restraint.
  • Former Associate Justice Felix Frankfurter, one of the first major advocates to advocate deferring to the legislature.