Introduction
Justice John Marshal, the 4th chief justice in the United States court opinions was crucial in laying the basis for the American constitutional law. His court opinions made the United States Supreme Court a coequal branch of the government along with executive and legislative branches. He is regarded as a longest serving chief justice. He actually dominated the US court for more than three decades. His significant role in developing the American legal system cannot in fact be underestimated.
Most remarkably, Justice Marshall reinforced the leading principle that the American federal courts are compelled to employ judicial review through disregarding the laws that are purported given that they violate the constitution (Pstein 75). Therefore, he cemented the American Judiciary position as an influential and independent branch of government. Moreover, his court made various imperative decisions relating to the concept of federalism hence affecting the power balance between the states and the federal government during the premature years of the republic. In particular, Justice Marshall repeatedly confirmed supremacy of the federal law over the state law and additionally supported expansive reading of enumerated powers.
Various scholars have actually agreed that Marshall occupies a place that can be described as preeminent in the American constitutionalism growth. He has remained a surprisingly indefinable subject for the historians. His constitutional philosophy has also been viewed to validate the 20th century judicial review notions and the enlarged governmental authority. Justice Marshall altered the manner in which the United States Supreme Court announced its court decisions. Before, each justice authored separate opinion by the name seriatim opinion. However, under his leadership, Supreme Court adopted practice of handing down single opinion of court that has allowed it to present a rule that is clear.
G. Edward white in his writings has complimented the court opinions of Justice Marshall. He says that Marshall’s sensitivity to the political currents, distinctive independent blend, and impartial appearance has constituted the excellence challenge in appellate judging in the United States of America. In fact these words by White reflect the court opinions that Marshal gave. This is actually shown clearly by the two classic opinions that Marshall was involved in and they include Mc Culloch v. Maryland and Marbury v. Madison.
Mc Culloch v. Maryland was actually one of various decisions in 1810s and 1820s that involved the power balance between the states and the federal government (Mark 23). Here Justice John Marshall used his experience to affirmed federal supremacy. Marshal in McCulloch established that the states could not or were not in a good position to tax the federal institutions, and upheld the congressional authority in order to create the United States Second Bank, albeit the constitution did not expressly state the authority to do this. In this opinion, Marshall made a famous statement where he stated that the judiciary should never forget that it is expounding the constitution.
In this opinion, he laid down implied powers basic theories under a written constitution. It is evident that in this court opinion, Justice Marshall envisaged a federal government that albeit governed by the timeless principles and having the powers on which the nation welfare essentially depends (Mark 89). The court held that the constitutional clause which states that the congress can implement the powers that it possesses by making laws which are proper and necessary in nature authorized the bank. Marshall said that this clause did not refer to any single way that the Congress was allowed to act but rather referred to numerous possible acts which implement all the constitutionally established powers. Thus, this case clearly reflects what G. Edward White wrote in his writings about the court opinions that Marshall made regarding the states and federal government.
The other case that supports White’s statements about Justice Marshal is Marbury v. Madison case. In fact this was the first important case that was brought before Marshall’s court. In this case, Supreme Court invalidated a 1789 Judiciary Act provision on the grounds that it actually violated the American constitution through attempting to expand Supreme Court original jurisdiction (Nelson 89). It was only in Marbury case that Marshall Court ruled that the act of Congress was unconstitutional hence this essentially reinforced the judicial review doctrine. Therefore, albeit this court indicated that Jefferson administration violated another law, it said that it was not in a position to do anything about it as a result of its lack of jurisdiction.
President Jefferson took a position that this court lacked the powers to give him an order or a mandamus even if it had jurisdiction. The American constitution doesn’t explicitly give court the judicial review hence Jefferson became very angry with the position of Marshall because he wanted President do determine whether his acts were unconstitutional or not (Nelson 109). In fact, this supplements the statements made by white as it shows that Marshall Court opinions were impartial and did not fear the administration.
Marshall Court made impartial opinions despite the political contexts during that time. He made informed decisions on the various cases that were brought before him without favouring any side whatsoever. (Pstein 96) Therefore Marshall’s judicial opinions are as depicted in G. Edward White writings that is, he was impartial, he applied a blend of independence that is distinctive, and he was sensitive to the political currents in his opinions.
Works cited
Pstein, Lee, and Thomas G. Walker. Constitutional Law for a Changing America: A Short Course: 1999-2000 Supplement. Washington, D.C: CQ Press, 2000
Nelson, William E. Marbury V. Madison: The Origins and Legacy of Judicial Review. Lawrence: University Press of Kansas, 2000.
Mark Killenbeck, M'culloch V. Maryland: Securing a Nation, University Press of Kansas, 2006.
