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MARSHALL, JOHN.
Term Paper ID:28258
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Essay Subject:
Life & career of Supreme Court Justice & his major rulings.... More...
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4 Pages / 900 Words
4 sources, 5 Citations,
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Paper Abstract:
Life & career of Supreme Court Justice & his major rulings.
Paper Introduction:
In his book John Marshall, Defender of the Constitution, Francis N. Stites tells the story of Marshall's life in a series of steps covering different periods in the man's life. Marshall was born in Virginia in 1755 and is described by Stites as a Virginian "by birth, upbringing, disposition, and property" (Stites 1). He became a lawyer in Virginia and was a Federalist during the era when the Constitution as being developed, and Stites analyzes the arguments on both sides in the debate over the Constitution and relates this to Marshall as defender of that document once he ascended to the Supreme Court. Marshall was key in defending the Federalist agenda in Virginia, and he was involved in the XYZ Affair in France. Because of his success in the latter case, he returned as a national hero and continued negotiating with France and writing to Talleyrand
Text of the Paper:
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Particular attention is givento Marshall's career on the Supreme Court, which is as it should be sincethat is his most important contribution to the development of the newnation. Probably the most famous case of the Marshall courtwas that of Marbury v. He says that his own county was antifederal, but he himselfwas popular so that his federal leanings were overlooked by the electorate. Madison in 18 3, which established the right of theSupreme Court to undertake the judicial review of a congressional statute,a principal that pertains to this day and that gives the Supreme Court thepower to overturn statues if they are deemed unconstitutional. Congress delayed the startof the Supreme Court session and repealed the Judiciary Act, dismissingcircuit court judges appointed under its provisions. There is evidence that the family rose to a level ofcomfortable wealth in the colonies, and one proof was that John Marshallwas elected to public office by his neighbors and served as a member of theVirginia House of Burgesses. Marshall was born in Virginia in 1755and is described by Stites as a Virginian "by birth, upbringing,disposition, and property" (Stites 1). The family later moved further west andThomas served as county clerk. Alexander Hamilton had stated in 1788 that thejudiciary was the weakest of the three departments of power in the newgovernment, and Chief Justice John Jay had expressed his fear that thissituation was probably permanent. Marshall's life represents one of the great American images, thechild born in a log cabin (in this case on the Virginia frontier) who wouldrise to great prominence. Illustrious Americans: John Marshall. Another biographer,Newmyer, also stated that John Marshall was well-suited for the role heundertook in this process: Few Americans, with the possible exception of Washington, were so appealing. He was an aristocrat by birth and political philosophy (in an age when gentlemen still ruled) but a democrat in manner (when democracy was the coming thing) (Newmyer 1 -21). Marshall came to a Supreme Court that had been largely inactive inits first 12 years. He became a lawyer in Virginia andwas a Federalist during the era when the Constitution as being developed,and Stites analyzes the arguments on both sides in the debate over theConstitution and relates this to Marshall as defender of that document oncehe ascended to the Supreme Court. Much attention is given to the case that would be most associatedwith Marshall, Marbury v. Marshall would later describe the Virginia of his youth as anantifederalist stronghold, though he himself had a different view, as henotes in his autobiography: When I recollect the wild and enthusiastic democracy with which my political opinions of that day were tinctured, I am disposed to ascribe my devotion to the union, and to a government competent to its preservation, at least as much to casual circumstances as to judgment. Morristown, New Jersey: Silver Burdett, 1968.Kutler, S.I. John Marshall was the third Chief Justice of the Supreme Court of theUnited States, and he headed the Court during the era when the primaryfunction of the Supreme Court was asserted, the task of settlingconstitutional disputes and deciding on the constitutionality of issuesraised in the courts. Thomas Marshall, the father, would have a greatinfluence on his son, as John Marshall would later acknowledge when hewrote, "To him I owe the solid foundations of all my own success in life"(Brown 11). Stites findsMarshall to have been uniquely suited for the task. Marshallbelieved that the judiciary should avoid partisan politics, but it was apartisan political battle that put him on the Supreme Court and thatdominated his early years in that job. Arlington Heights, Illinois: Harlan Davidson, 1968.Stites, F.N. However, the Courtunder Chief Justice Marshall held that Marbury was entitled to hiscommission and that Madison had withheld it wrongfully. Marshall served in theSixth Congress and helped defend Adams in the Thomas Nash affair. Madison in 18 3. Because of his success in the latter case, he returned as anational hero and continued negotiating with France and writing toTalleyrand concerning matters of import to America. Works CitedBrown, R.C. Stites also analyzes his term onthe Court and the rulings he led that helped shape the way the Constitutionhas been judged by the Court ever since. I had grown up at a time when a love of union and resistance to the claims of Great Britain were the inseparable inmates of the same bosom (Kutler 16-17).Marshall states that it was when he entered civil life and became a statelegislator that he began to see the causes of many of the sufferings thentaking place. This decisionaffirmed the power of the Supreme Court to declare laws unconstitutional.Precedents for judicial review existed in lower courts, but this was thefirst statement of the doctrine for the Supreme Court (Stites 81-93). Madison refused todeliver the commission, and Marbury then invoked the original jurisdictionof the U.S., Supreme Court, asking that a writ of mandamus be issued toMadison ordering him to deliver the commission. Marshall's candidacy for the SupremeCourt was not supported enthusiastically even by his own party, but hewould have a profound effect on the Court and the nation. John Marshall. John Marshall. Marbury was one of a group of so-called "midnight judges"attacked by the incoming political administration of Thomas Jefferson.James Madison was the new secretary of state, and he took office beforeMarbury's signed and sealed commission was delivered. New York: Harper Collins, 1981. Thepersonality of Marshall had much to do with his choice of career, hissuccess, his elevation to this high position, and many of the decisions hemade and that his Court made under his tenure. Marshall was key in defending theFederalist agenda in Virginia, and he was involved in the XYZ Affair inFrance. In his book John Marshall, Defender of the Constitution, Francis N.Stites tells the story of Marshall's life in a series of steps coveringdifferent periods in the man's life. The Supreme Court under Marshall and Taney. Stites offers an analysis of Marshall's life with minimal detail butwith a good overview of the man and his era. Englewood Cliffs, New Jersey: Prentice-Hall, 1972.Newmyer, R.K. William Marbury was appointed ajustice of the peace in the District of Columbia late in the administrationof John Adams.
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