John Marshall

Examples of John Marshall in the following topics:

• 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 Marshall Court

  • John Marshall (September 24, 1755 – July 6, 1835) was Chief Justice of the Supreme Court from 1801 until 1835.
  • House of Representatives from 1799 to 1800, and was Secretary of State under President John Adams from 1800 to 1801.
  • The Senate confirmed Marshall on January 27, 1801.
  • The three previous Chief Justices (John Jay, John Rutledge, and Oliver Ellsworth) had minimal legacies beyond setting up the forms of office.
  • John Marshall was the Chief Justice of the Supreme Court from 1801-1835.

• Judicial Review and Marbury v. Madison

  • In the presidential election of 1800, Democratic-Republican Thomas Jefferson defeated incumbent Federalist John Adams and became the third president of the United States.
  • 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.

• 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.

• 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.

• The Expansion of the Federal Government

  • During John Marshall's 34 year tenure as Chief Justice, the federal government's role and powers were defined by a number of important Supreme Court decisions.
  • The United States Supreme Court under Chief Justice John Marshall played a central role in defining the power of the federal and state governments during the early 19th century.
  • 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.
  • Instead, Marshall relied on an existing federal statute for licensing ships in reaching his decision.
  • Discuss the effect of the Marshall Court on the early American Republic

• The XYZ Affair

  • When Adams sent a three-man delegation, Charles Pinckney, John Marshall, and Elbridge Gerry, to Paris to negotiate a peace agreement with France, French agents demanded major concessions from the United States as a condition for continuing diplomatic relations.
  • The United States had offered France many of the same provisions found in the Jay Treaty with Britain, but France reacted by deporting Marshall and Pinckney back to the United States and refusing any proposal that would involve these two delegates, both key Federalists.

• 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.

• Federal Intervention

  • John F.
  • During his presidential campaign, John F.
  • Marshals, would be enough to force the governor to allow Meredith admission.
  • Marshals guarding Meredith at Lyceum Hall.
  • After the violent turn of events, President John F.

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

  • 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.
  • William Marbury (1762–1835) was one of the "midnight judges" appointed by United States President John Adams the day before he left office.