Wednesday, March 9, 2011

What principles did Chief Justice John Marshall set?

There were several principles established by the Marshall Court. One of these principles is the concept of judicial review. This means that the courts can rule on the constitutionality of actions by the legislative branch and the executive branch. This ruling came out of a court case called Marbury v Madison. In the case, Marbury sued because his judicial appointment wasn’t finalized before Jefferson became President. When he wasn’t allowed to become a judge, he sued. In this case, the Supreme Court ruled that the constitution is the supreme law of the land and that the courts have the power of judicial review.


Another principle established by John Marshall was that a loose view of the constitution is legal. In the case of McCulloch v Maryland, the state of Maryland tried to tax the federal bank. The Supreme Court ruled that a state couldn’t tax a federal institution. It also ruled that a loose view of the constitution is acceptable.


A third principle established by John Marshall came in the case of Gibbons v Ogden. In this case, the Supreme Court ruled that the federal government could regulate trade between the states, called interstate trade.


These are three very important principles established by the Marshall Court. They have had broad implications on American society and life.

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