John Marshall Essay

Its is emphatic eithery, the province and duty of the legal department, to say what the law is. (Ducat, Craig native Interpretation p. 10) These seventeen words written two hundred age ago made the highest court in the United States supreme, and making it so, principal Justice John marshals words in that fourth dimension continue to make an impact on every Supreme judiciary fibre thereafter. Justice marshal laid the basic foundations to protect the federal system that was established by the Constitution. In Marbury v. Madison, McCulloch v. Maryland, and Gibbons v. Ogden the Supreme Court hold the United States as a federal state.Marbury v Madison was the influential case that the Supreme Court cites as a precedent when employing judicial review. It left the power to be rested on the judicial dissever when determining to uphold either the law or the Constitution. By establishing the function to judicial review, Marshall, with the support of the legislative and executive bra nches, made all cases onwards the courts subservient to the U.S. Constitution. Cases that have been heard after Marbury v. Madison, that come into question, must be interpreted through the Constitution.Uniformity of all states of the Union were established when Marshall and the Supreme Court ruled in McCulloch v. Maryland. Although the Constitution gave powers to the states under the one-tenth Amendment, Marshall implemented the powers of the Federal giving medication by exercising bind 1 Section 8 Clause 18 (necessary and proper clause) and phrase 6 Section 2 (supremacy clause). Marshall explained that the Constitution gave the federal government the power to incorporate a bank if it deemed it necessary and proper non for the powers of Congress, but necessary and proper for the powers granted to Congress by the Constitution. Marshall also outlined the rights of the states by enacting Article 6 in his decision. He stated that the supremacy clause prohibited the states from hav ing the power to tax, which would then want the states power to destroy the powers of the Constitution to create.Gibbons v. Ogden expanded the powers of the Federal government said(prenominal) in the previous two influential cases. This case defined the work Clause found in Article 1 Section 8 Clause 3. In his genius, Marshall defined commerce not simply as an exchange of commodities, but also the means by which interstate highway and foreign intercourse those commodities travel. By giving the Federal government ensure over commerce through interpretation of the Constitution, Marshall preserved the prosperity of the country as an economic Union conducting business under national, not state, control.Chief Justice John Marshalls decisions in all three of the cases explained previously depict the evolution of the Supreme Court. Marbury v. Madison garbled the powers of the three branches of governments, McCulloch v. Maryland detached and defined the powers of the Federal and st ate governments, and Gibbons V. Ogden separated the commerce powers of the Federal and state governments. Marshall decided each case based on the foundations established by the U.S. Constitution, and in each of his decisions, he preserved the integrity of the Framers intentions of the United States as a Federal state.