#JohnMarshall

[whencyclopedia]

Marbury v. Madison

Marbury v. Madison (1803) was a landmark decision of the United States Supreme Court that established the principle of judicial review. In the decision, written by Chief Justice John Marshall, the court struck down a congressional statute as unconstitutional for the first time in US history, thereby establishing the United States Constitution as a legal – not just a political – document.

Prior to the Marbury case, the Supreme Court was the weakest branch of the federal government. It had reviewed only 63 cases in the twelve years before 1801 and was viewed as a useless, aristocratic institution by many ardent Republicans, some of whom sought to do away with the federal judiciary entirely. In February 1803, the Court heard Marbury v. Madison, a case in which Secretary of State James Madison had withheld a commission for a federal office from a political opponent, William Marbury; Marbury had petitioned the Supreme Court to issue a writ of mandamus, which would force Madison to deliver the commission. Chief Justice Marshall, writing for a unanimous court, ruled that while Marbury was legally entitled to the commission, the Supreme Court could not help him by issuing a writ of mandamus. The statute that empowered it to do so – Section 13 of the Judiciary Act of 1789 – was, in fact, in conflict with Article III of the Constitution. For this reason, the Marshall Court took the unprecedented step of striking down Section 13.

By striking down a congressional statute, Marshall had established the principle of judicial review – that is, a court's ability to uphold or strike down a law based on its constitutionality. Another major consequence was that the US Constitution was now no longer just a political document – a statement of the political ideals of the United States – but was a legal document as well, one which all federal and state courts and legislatures must adhere to. The case is therefore considered the single most important decision in US constitutional law and remains one of the most significant cases in the history of the US Supreme Court.

Background: Creating a Federal Judiciary

The federal judiciary – conceived at the Constitutional Convention of 1787 and enshrined in Article III of the resultant United States Constitution – proved to be a controversial institution in the first decade of its existence. Americans were generally predisposed to distrust judges, whose flowing robes, rigid court protocols, and high benches smacked of the monarchism all too recently cast aside. It was not lost on the people that the federal judges were modeled closely off the colonial magistrates they had replaced, who themselves had been selected by the king and had – in the patriotic memories of the Americans, at least – arbitrarily wielded their authority. Thomas Jefferson, in 1776, referred to judicial decisions as "the eccentric impulses of whimsical, capricious, designing men" who were looking after political interests rather than enforcing the law (Wood, 402). This suspicion was carried over to the new American courts, whose judges were, in many instances, appointed rather than elected and served life tenures rather than limited terms of office, neither aspect seeming to hint at an enlightened government institution.

The makeup of this controversial body was roughly outlined in Article III of the Constitution, which vested judicial power in "one supreme court" of the United States as well as "such inferior courts as the Congress may from time to time ordain and establish". The Supreme Court was granted original jurisdiction – or the power to hear a case for the first time – over cases that involved ambassadors, public officials, or individual states as parties in the suit. It was also given appellate jurisdiction – or the power to hear cases on appeal – over a broader range of suits involving constitutional or federal law. Although Article III left things rather vague, the courts were fleshed out by the First Congress in the Judiciary Act of 1789. This act created a system of federal circuit courts and district courts under the Supreme Court and expounded on the powers of the judiciary. Section 25, for instance, allowed federal courts to overturn any state law or state court ruling that violated a federal treaty. Additionally, Section 13 of the Judiciary Act – which will become important later – allowed the judiciary to issue legal orders called writs of mandamus to government officials, which would force them to adhere to federal law.

While this expansion of judicial authority certainly ruffled a few feathers, the judiciary was still by far the weakest branch of the federal government. Neither Article III of the Constitution nor the Judiciary Act of 1789 had given the Supreme Court the power of judicial review. This refers to a court's ability to declare an act of the executive or legislative branch to be unconstitutional and therefore invalid, a function that the Supreme Court is best known for today and considered a vital part of the checks and balances of federal power. Without this authority, the Supreme Court wielded minimal influence in the first decade of its existence and was widely disregarded by the other two branches. In fact, between 1789 and 1801, it heard only 63 cases, none of which had any long-lasting importance. Since the federal courts were still seen as aristocratic bodies that hindered the rights of the states, some hardcore Republicans wanted to do away with the federal judiciary altogether. This was how matters stood when the US presidential election of 1800 swept such Republicans into power, placing the judiciary in jeopardy.

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[nittocovarrubias]

Motivación, actitud y voluntad dentro del poder de la acción en las personas

Motivación, actitud y voluntad. Un dato importante, Johnmarshall Reeveen su libro “Motivación y Emoción” define lo siguiente: “Un motivo es un proceso interno que energiza y dirige el comportamiento.”(Reeve, 2010) Por lo tanto, yo pienso que la motivación es la acción de administrar los motivos que internamente nos energizan y guían nuestro comportamiento. Por ello comentemos lo siguiente. La…

[baby-girl-e]

You can read the first 6 fics in the Icemav x Taylor Swift here on Tumblr (they’re all linked on my master list) or on AO3 🖤

@johnmarshall

[misanderousmisfit]

@johnmarshall it was last month! It was much bigger than I thought since it’s actually three sections. The Nimitz section, the Pacific War museum and a third part we did not get to see due to time.

Here are a couple more photos. The gardening tidbit cracks me up

Fun pictures from the Nimitz museum in Fredericksburg Texas

[yourthomasjefferson]

1.20.1801: President John Adams nominated Secretary of State John Marshall to be Chief Justice of the United States . . Doug Thomas is Chief Justice John Marshall . . . Clothing by Doug Thomas . . In order to invite Chief Justice Marshall to speak at your next #CLE or other event, contact @americanhistoricaltheatre . . . #CJSCOTUS #SCOTUS #supremecourt #law #constitution #landmark #johnmarshall #AHTheatre #history #USA #America https://www.instagram.com/p/B7kGQ3Wj_6N/?igshid=5jy2rlbq6c4q

[shopsui]

Knock knock, who’s there? @red.gallery #openingnight of some splendid artists including the talented sculptor #johnmarshall using used cardboard beverage packaging #upcycling #art #fridaynight (at Red Gallery) https://www.instagram.com/p/CjIhhn9Pu04/?igshid=NGJjMDIxMWI=

[misanderousmisfit]

https://www.youtube.com/watch?v=bGvzSTaFMis

@johnmarshall

ok it's been 1000 years since i was last on tumblr so idk how fussy asks still are about dropping links, but anyway, this is a yt vid of a cool old guy who flew tomcats back in the 70s and 80s and the icemav energy of the anecdotes he has is off the charts and the people need to know /watch?v=bGvzSTaFMis

oh my GOD LMAO RIP to poor john, who absolutely got no sleep that night

[jrocksmetalzone]

#happybirthday #johnmarshall former guitarist for @metallica @metalchurchofficial #blindillusion #jan4 1962 jrocksmetalzone.com https://www.instagram.com/p/BsO9QUYg7Cy/?utm_source=ig_tumblr_share&igshid=1kjusln7x5oh8

[budaallmusic]

Soft Machine ‎– Triple Echo #Harvest 1977 UK Bass – Daevid Allen Drums, Vocals – #RobertWyatt Guitar – #Kevin Ayers Organ – #MikeRatledge Producer – Chas Chandler Guitar, Whistle, Backing Vocals – #DaevidAllen Soprano Saxophone – #LynDobson Trombone – #NickEvans Trumpet – #MarcCharig Alto Saxophone – #EltonDean Bass – #HughHopper Drums – #PhilHoward, #JohnMarshall Piano, Electric Piano – #KarlJenkins Bass – #RoyBabbington

[whencyclopedia]

John Marshall

John Marshall (1755-1835) was an American lawyer and statesman, who served as the fourth chief justice of the United States Supreme Court from 1801 until his death in 1835. Considered one of the most influential chief justices in US history, Marshall participated in over 1,000 decisions, including Marbury v. Madison, which established the principle of judicial review.

Early Life & Revolution

John Marshall was born on 24 September 1755 in a log cabin in the frontier community of Germantown, in Fauquier County, Virginia. He was the eldest of 15 children born to Thomas Marshall, a land surveyor who, over the course of his career, would accumulate some 200,000 acres (81,000 ha) of land spread out across Virginia and Kentucky, making him one of the largest landowners along this frontier. Thomas Marshall, who had worked alongside a young George Washington to survey the land that would become Fauquier County, eventually became one of the county's most prominent citizens, serving as its first sheriff and later as its representative to the House of Burgesses in Williamsburg. In 1754, Thomas married Mary Randolph Keith, a reverend's daughter who was related to both of Virginia's leading families, the Randolphs and the Lees. She gave birth to John a year after her marriage; through her, John Marshall was a distant cousin of Thomas Jefferson, his future political rival.

Despite the pedigree of his mother's side of the family, John Marshall did not receive a gentleman's education. Instead, he was raised on the frontier, first in the wilderness of Fauquier County and later in the Blue Ridge Mountain region. He was easy-going, with simple tastes in clothing and food, and a manner that was rustic yet pleasant. His black eyes were said to have been full of intelligence and good humor, and his boisterous laugh was enough to put anyone at ease; one future colleague would later recall that Marshall's laugh was "too hearty for an intriguer" (Wood, 434). He was mostly home-schooled by his parents, although he did receive a few months of formal education at an academy where he befriended future president James Monroe. His education was cut short, however, by the outbreak of the American Revolutionary War in 1775. His father had supported the Patriot cause and joined a militia regiment leaving John, dutiful to both father and homeland, to quickly follow suit.

In 1776, Marshall was incorporated into the Continental Army as a lieutenant. In the autumn of 1777, he served under General Washington in the Philadelphia Campaign, seeing action at the Battle of Brandywine and the Battle of Germantown. When the army hunkered down for a bitter winter at Valley Forge, Marshall suffered through the cold and the hunger, shivering side by side with the other men; when the winter snows thawed into springtime mud, he drilled with them as well. In 1780, having risen to the rank of captain, Marshall was furloughed from the army and went off to the College of William & Mary to study law. As he left the military behind, Marshall reflected on his wartime experiences and came away with two beliefs that would greatly impact his career. The first was a fierce admiration for George Washington, whose integrity and determination led Marshall to believe that he was "the greatest man on earth" (Wood, 434). Second was a belief that the nation, were it to survive, needed a strong central government; Marshall's experience at Valley Forge, where Congress had struggled to keep the army supplied with adequate food and clothing, had been enough to convince him of that. Armed with these convictions, Marshall set out to embark on a legal career, one that would shape the destiny of the infant United States.

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[rasta8]

#TMBTFAMILY #ALLSAINTS #HENDERSON #JOHNMARSHALL #MIDDLESCHOOL #HIGHSCHOOL #TMBTYOUTH #MARATHON #OURVILLAGE (at Richmond, Virginia) https://www.instagram.com/p/CE6thknjIgb/?igshid=ml3uxracb4nw

[brandonraykirk]

#HawksNest #FayetteCounty #WV #Appalachia #photos #history #JohnMarshall (at Hawks Nest, West Virginia) https://www.instagram.com/p/CCyEMd3HXJ_c5exPbU8MeJIeZGHQqJc0F_-ZDM0/?igshid=p998k3quu7iw

[longtimegoneart]

#bundles #softmachine #canterburyscene #prog #progrock #jazzrock #roybabbington #allanholdsworth #karljenkins #johnmarshall #mikeratledge #raywarleigh #70smusic #70srock #artononsta #artonpaper #fineliner #promarker #brushpen (at Canterbury, Kent) https://www.instagram.com/p/B_8RYihpKs0/?igshid=1vg28q0e85zul

[yourthomasjefferson]

1807, Feb 21: Chief Justice John Marshall, although ordering the discharge of treason suspects Bollman and Swartwout (two of Burr’s associates) expanded the definition of the crime, stating that "all those who perform any part, however minute, or however removed from the scene of action, and who are actually leagued in the general conspiracy, are to be considered traitors.” . . . Doug Thomas is Chief Justice John Marshall. To invite Mr. Marshall to speak at your event, contact @AmericanHistoricalTheatre . . . The clothing worn by Mr. Marshall was made by Doug Thomas, except for his robe, which was made by Kim Hanley . . . #JohnMarshall #ChiefJustice #ChiefJusticeMarshall #MrChiefJustice #SCOTUS #law #Constitution #Constitutionallaw #UnitedStatesConstitution #USConstitution #treason #history #America #SupremeCourt #ahtheatre https://www.instagram.com/p/BuKif8iDuf6/?utm_source=ig_tumblr_share&igshid=1o2efd3xk60yp