blog




  • Essay / Judicial review: 1803, Chief Justice John Marshall

    The first United States Supreme Court case to apply the principle of "judicial review" – the power of federal courts to overturn acts of Congress by conflict with the Constitution is considered one of the most important cases in the history of the Supreme Court. This case was a landmark case before the United States Supreme Court because the Court provided the basis for the exercise of judicial review in the United States under Article III of the Constitution (LII). Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government, along with Congress and the executive branch. The issue resolved by the case was in itself of little importance. It was all based on a question of political patronage, pitting the ascendant Jeffersonians against the departing Federalists. The feud between them was intense and ended in a real bloodbath at court. The matter can only be understood in the context of the 1800 election, in which Thomas Jefferson defeated the incumbent president, John Adams, and his Democratic-Republican party also took control of Congress (McNamara). At that time, there was a long lame duck period between the November elections and the inauguration of a new president (The Liberty Charters). Adams appointed John Marshall as Secretary of State, and then he also appointed him Chief Justice of the United States. when this position became vacant. Congress, dominated by Federalists, passed the Judiciary Act of 1801, which created circuit courts of appeal as they are today, and relieved Supreme Court justices of their obligation to "travel the circuit”. It also increased the jurisdiction of the federal courts. Adams immediately appointed 16 new justices... middle of paper ... democratic governance. Works Cited “Article III.” LII / Legal Information Institute. Cornell University School of Law, nd Web. March 31, 2014. Hamilton, Alexander. “The Federalist No. 78.” The Federalist #78. Constitution Society, October 18, 1998. Web. March 31, 2014.Linder, Doug. “The Necessary and Proper Clause (Powers of Congress).” The Necessary and Proper Clause (Powers of Congress). University of Missouri-Kansas City School of Law, 2011. Web. March 31, 2014.McNamara, Robert. “The election of 1800 was important and controversial.” About.com 19th century history. Np, and Web. March 31, 2014. “The Constitution of the United States: Amendments 11 to 27.” National Archives and Records Administration. National Records and Archives Administration, nd Web. March 31, 2014. “The Marshall Court, 1801-1835.” » The Supreme Court Historical Society. Np, and Web. March 31. 2014.