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John Marshall Influence On American Government

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It is simple to see how the creation of the American system of government was revolutionary. After winning independence, a group of colonies varying in size, wealth, and demographics came together to become a strong country with a republican government that was truly ahead of its time. However, what is often overlooked is how remarkable the successful implementation of the American government is. One of the men who helped turn the radical idea into a functioning government was John Marshall. Overall, Marshall influenced the American government in many ways but he is particularly famous for giving the judicial branch its power. Marshall was born on September twenty fourth, 1755 in Fauquier county, Virginia to Thomas Marshall and Mary Rudolph …show more content…
Madison. The dispute this case settled began when, in 1801, John Adams nominated new justices of the peace who would serve in the District of Columbia. The senate then sent out the commissions for those who were appointed to John Marshall, who, at the time, was Secretary of State. Marshall was to send the commissions to all those appointed, but was not able to send them all out before the end of John Adams’ term as president. When James Madison took over as Secretary of State, Thomas Jefferson, who became the president, forbid him from sending the rest of the seventeen commissions. Next, the newly instated congress repeals the Judiciary act of 1801, which created more federal judgeships and changed the number of Supreme Court Justices to only five. Marbury, who was neglected a commission, filed a suit against Madison. He wanted an order directing the missing commissions to be delivered, otherwise known as a writ of Mandamus. Normally, someone who had a close connection to the events that caused the suit, like Marshall did, as he was originally delivered the commissions, would have not taken part in the deciding of the case, or recused themself, but Marshall did not. The justices had to make a very difficult decision, as if they issued the writ and Jefferson refused to obey, which he declared that he would, the Supreme Court would seem powerless. However, if they denied the writ, they looked equally weak, like they bent to the whims of Madison and Jefferson. On February fourth 1803, Marshall held that Section thirteen of the Judiciary Act of 1789 expanded the Supreme Court’s original jurisdiction, which was unconstitutional. For this reason, even though Marbury was entitled to his commission and Jefferson was legally wrong, the court could not issue the writ of Mandamus. This decision was so monumental

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