John Marshall and the Supreme Court
Marshall always spoke very intelligently.
” ‘When conversing with Marshall,’ Jefferson said, ‘l never admit anything. Or you will be forced to grant his conclusion. ‘ ” (Glen non) He was easily able to discuss with the justices about not descending and politicking from the bench. Marshall spoke frequently about how the court should act and think as one. He succeeded in bringing the justices of the Supreme Court together the rough his intelligent speeches and persuasive manner.Marshal’s persuasive manner contributed to convincing the justices that writing one opinion instead of each justice writing his own would be more effective. “This custom gave the judicial pronouncements a forceful unity they had formerly lacked” (MouseKey 25).
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This change allowed Marshall to write the majority of the opinions. Out of 1 006 decisions Marshall wrote 508. One Of those decisions, judicial review, was the most important ever written. The Supreme Court had two choices as to what to do about Mammary vs..Madison. They could order delivery of the commissions and risk being ignored or they could not support Mammary and look weak to all.
This placed the court in a very compromising position but Marshall uses his immense intellect to gain the courts the respect and power it deserves. Marshall realized the Supreme Court had no jurisdiction over this case. Article 1 3 of the Judiciary Act of 1789, the article that provides the court with the power to issue a writ of mandamus, is unconstitutional.This article is unconstitutional because original jurisdiction is defined in the Constitution and Congress does not have the power to add to it unless through a constitutional amendment. ” The court was in the delightful position, Job rejecting and assuming power in a single breath, for the Congress had tried to give the judges an authority they could not constitutionally accept and judges high-minded refusing” (MouseKey 27). Marshall could have ended the case eight there but decided against that and managed to initiate the power the Supreme Court holds today.By denying the power to issue a writ of mandamus, Article 13 of the Judiciary Act of 1 789, and then assuming the power to declare laws passed by Congress unconstitutional, judicial review, the courts began receiving the respect and power they deserved.
This provided the Supreme Court with the power of “checks” on legislative laws that were passed. It showed the general public that the courts do have power in the grand scheme things. Marshall supplied the Supreme Court with this vast power yet it wasn’t used again until 857. The Supreme Court decision established the court as its own entity.Marshall used the decision to give the court independence from the other branches. It also gave the Supreme Court independence from state courts. The Supreme Court can now only hear cases specified in its original jurisdiction written in the Constitution.
Marshall believed that if the Supreme Court had not established its independence the court system altogether would have collapsed. It would have been overpowered by the other branches of the government. Mammary vs.. Madison was very significant in shaping the Supreme Court the ay it is today.Today the Supreme Court deals with the agenda of the nation. The Supreme Court is the policy maker of the nation; making policies on issues such as abortion, affirmative action, and prayer in school.
The Supreme Court Justices decide monumental cases such as Roe vs.. Wade. John Marshall was to the Supreme Court what George Washington was to the nation. George Washington made the nation something to be proud of as an American; John Marshall did the same for the Supreme Court. Chief Justice John Marshal and his decision Of judicial review forever changed the court system.