Premium Essay

Marshall Court Research Paper

Submitted By
Words 643
Pages 3
The Marshall court was the most influential court of the nineteenth century because of the precedents it established. The court’s first important case, Marbury v. Madison (1803), established judicial review whereby the judiciary has the ability to examine the actions of the legislative and executive branches of government. This ruling was also the first time the Supreme Court had struck down an act of Congress. Marshall was an advocate for a strong central government, and as so, confirmed the supremacy of federal law over state law. This notion is present in Fletcher v. Peck (1810), McCulloch v. Maryland (1819), Cohens v. Virginia (1821), Gibbons v. Ogden (1824), and others. In many cases, Marshall sided with corporations and defended them, asserting that their legal rights intertwined with the individual rights of their stockholders, ensuring that …show more content…
Taney presiding, succeeded the Marshall court from which it contrasted greatly because of its rulings in favor of the states. The Taney court’s most influential decision came about in the case Dred Scott v. Sandford (1857), where the court ruled that persons of African descent were not citizens under the U.S. Constitution. The opinion, written by Chief Justice Taney, is infamous for its intemperate language and support for the institution of slavery. Following Taney’s death, Abraham Lincoln nominated Salmon P. Chase for Chief Justice of the Supreme Court, who the Senate confirmed that same day. The Chase court was similar to the Marshall court in its decisions for federal over state power. Chase’s most influential case Texas v. White (1869) came after the Civil War, where Chase’s opinion asserted that the Constitution provided a union, composed of indestructible states, while still allowing the possibility of divisibility “through revolution, or through consent of the States.” Although Chase presided over some important cases, this court did not set any new precedents that the Marshall court had

Similar Documents

Premium Essay

Is the Current Criminal Justice System as Fair and Effective as We Can Reasonably Expect

...The long continuing debate of whether the current criminal justice system is 'about as fair and effective as we can reasonably expect' has been addressed in this essay. It is argued throughout this essay that the criminal justice system fails to meet with the protection and well being of the public by not appropriately processing offenders. Six main arguments of this essay highlight weaknesses within the system. The first argument of this essay exposes the time in which offenders spend in remand prior to their trial. The second, debates whether bail over remand is being used appropriately. The third shows how lenient judges sentencing decisions are, and in addition to this, the fourth argument shows what effect the media has on the courts decisions. Then finally the fifth researches the rate of offenders re-offending. This essay concludes that the criminal justice system is not using it's ability to the fullest to stop these offenders from re-offending within our community. The first argument in the weaknesses of the criminal justice system addresses the time an offender spends in remand, in the wait of their trial date. The length remandees are spending in custody is far too extensive, and more action needs to be done to trounce this problem within our system. When a person is placed in remand it is believed the main factors are; so that they actually show up for their hearing, to protect witnesses, or anyone else if they re-offend, and in some cases the accused themselves need...

Words: 2491 - Pages: 10

Free Essay

Gathering Data Research

...Gathering Data Research David Thompson CJA/334 Research Methods in Criminal Justice Dr. Lane Roos July 19, 2012 Gathering Data Research Prosecutions, Convictions, Acquittal’s and all forms of legal action in between play a critical role in the courts. However, none of what the attorneys do can be done without first having a firm grasp on each and every case set before them, the judge and the jury that will be making its judgment. But before they can make an informed decision there must have been a gathering of information, or data to support both sides of the case. The gathering of information or data is vital to the case and perhaps even more so to the individual/s that are on trial as their lives can and often do hang in the balance. No matter what profession one may have within the judicial system, researching information is something that at one time or another must be done. The ineffective of data gathering, research and analysis in often one of the primary factors behind an innocent man/woman going to jail and the guilty going free, therefore, the emphases placed on the gathering of information cannot and must not be understated. The goal of this paper The goal of this paper and my research is to define an officer’s duty, to discuss the importance of research and to address the kind of interview/s structures I would choose to use, the particular questioning style to use during the...

Words: 1363 - Pages: 6

Free Essay

Gathering Research

...Gathering Research Data Paper CJA/334 University of Phoenix Gathering Research Data Paper Looked upon as honorable individual’s who protect the community from harms way are those who fulfill the position of being a law enforcement official. Police officer’s dedicate themselves to striving in protecting and representing their community with the service in which they provide. Putting their lives at risk during the hours of work and aside from the career life these individual’s live like any other person. Much of their time is spent out on the streets patrolling and when they are not they find themselves in court being pressed for information from lawyers regarding cases. Emphases of this paper is to provide some of the data information on why people choose to become a law enforcement official. Why a Law Enforcement Official? Many may believe that officer’s take on the career to follow another family member’s foot steps. To specifically conclude on this matter the information in which will need to be attained will be through the process of intense researching online and via telephone interviewing. The first thought in which must be received is defining why individual’s choose the career of becoming a police officer. According to Nicole A. (2007) it has been noted that many officer’s become involved in law enforcement due to family tradition. Having the desire to follow parent’s footsteps in the same career path has been noted as being a huge reason...

Words: 1027 - Pages: 5

Premium Essay

Arizona Immigration Law

...less strict laws that were placed when they were younger they were able to stay here with permission from the government. If it wasn’t for their strength and endurance to overcome their struggles to be where they are now, I wouldn’t be here writing this paper. Immigration is such...

Words: 1446 - Pages: 6

Premium Essay

Book Review

...Your Name Professors Name Class Name Date the Assignment is Due American History Book Review Research Paper Blood, Money, and Power: How LBJ killed JFK, is an interesting non-fiction novel written by Barr McClellan. Barr McClellan was a lawyer who worked in President LBJ’s administration as an attorney clerk for National Labor Relations Board, and later on as a Commissioner lawyer of the Federal Power Commission. The novel uncovers the secret of a conspiracy that led to the death of President John F. Kennedy (JFK) and the progression of Lyndon B. Johnson (LBJ) as the President. In his novel, through his qualifications and use of evidence from the warren commission, court papers, and documents, Barr McClellan uses corruption, fraud, and assassination as the main themes that disclose the murder plot of President JFK. The author of the book provides clear evidence and details that connect several people especially LBJ to the assassination of JFK, and further enlighten people on the JFK’s murder case. Barr McClellan started working as a licensed lawyer after finishing his studies, whereby he started working for Lyndon B. Johnson. He first worked with the United States Labor Relations and later moved to the United States Federal Power Commission department. In 1966, Barr McClellan joined the Texas law firm of Clark, Thomas, and winters, where he worked for about eight years and resigned. McClellan resigned after discovering the illegal activities that the firm was engaged...

Words: 1243 - Pages: 5

Premium Essay

Can Wikileaks Be Found Guilty of a Crime for Its Release of the Iraq War Materials?

...Can WikiLeaks be Found Guilty of a Crime for Its Release Of the Iraq War Materials, Afghanistan War Materials and Diplomatic Cables? In 2010, WikiLeaks released three large groups of information – classified documents concerning the Iraqi war, classified Pentagon documents concerning the conflict in Afghanistan, and U.S. State Department diplomatic cables. There was an outcry from members in the U.S. government, U.S. lawmakers, and U.S. citizens as they questioned how WikiLeaks could have legally obtained and released this information. There were also those who applauded WikiLeaks and saw them as part of the new media, simply carrying on the struggle between the people’s right to know versus national security. In this new Internet age, where data can be immediately published to an enormous audience from anywhere in the world with the simple push of a button, and where wars are no longer declared on a country but on generalized “terror,” is a site like WikiLeaks protected? WikiLeaks Background WikiLeaks states on its website: WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. We provide an innovative, secure and anonymous way for independent sources around the world to leak information to our journalists. We publish material of ethical, political and historical significance while keeping the identity of our sources anonymous, thus providing a universal way for revealing of supposed and censored injustices. WikiLeaks...

Words: 5807 - Pages: 24

Premium Essay

Judicial Branch

...Government Final Research Paper May 11, 2012 Doctor Si’ulagi Solomona Judicial Branch Page 1 of 10 Where the Executive and Legislature branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate. Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. Even the number of Supreme Court Justices is left to Congress – at times there have been as few as six, while the current number (nine, with one Chief Justice and eight Associate Justices) has only been in place since 1869. The Constitution also grants Congress the power to establish courts inferior to the Supreme Court, and to that end Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appealed district court cases. [ https://www.whitehouse.gov/our-government/judicial-branch ] The Judiciary explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. The Judicial Branch is in charge of the court system. There are three different kinds of courts found in the federal court system. The lowest level is the district courts. The 2nd level is the court of appeals. The top level is the Supreme Court. Did you know: 1. The Supreme Court was set up by the Constitution. 2. The Supreme Court was organized...

Words: 775 - Pages: 4

Premium Essay

Notes

...Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison, J. (2008). The Federalist Papers. Oxford:...

Words: 2296 - Pages: 10

Premium Essay

University of Southern California

...UNIVERSITY OF SOUTHERN CALIFORNIA Marshall School of Business Revised Syllabus for FBE 560-Mergers and Acquisitions Office Hours T,TH 1:30-3:00 and TH 5:00-6:00 in HOH701E Spring 2007 I. Purpose of the M&A Course This course covers the broad field of mergers, acquisitions, and divestitures. The primary objective of the course is for each student to gain a well-rounded understanding of the major strategic, economic, financial, and governance issues of mergers and acquisitions. Takeovers and mergers are a daily fact of life and have evolved into a critical part of every CEO or manager’s strategic toolbox. Every person who enters the corporate world will most likely be affected by a merger or acquisition at some point in their career. Students will apply learned content to real mergers and acquisitions and have the opportunity to present to the class their findings and conclusions. Specific academic course objectives include: • Examining the role that M&A plays in the contemporary corporate world, and its use as a strategic tool to provide growth, enhance competitive position, transform a company or industry, and create shareholder value. • To provide the student a framework for analyzing transactions including understanding strategic rationale, valuation methodologies, deal structures, bidding strategies, and the need for a value proposition. • Show how M&A can be used successfully as well as its pitfalls, dangers...

Words: 4102 - Pages: 17

Free Essay

"Privatizing" Conflicts: Concerns with Restorative Justice

...“Privatizing conflicts”. Concerns with restorative justice Table of content Introduction 2 1 The appeal of restorative justice 3 2 Privatizing conflicts 5 2.1 Legal sphere concerns with privatizing conflicts 5 2.2 Feministic concerns with privatizing conflicts 8 3 Underexplored pitfalls 11 Conclusion 12 References 14 Introduction This paper is written within the framework of the master course ‘Restorative Justice’. It aims to be an academic reflection on some of the concepts educated throughout these classes.[1] The literature on restorative justice is extensive and therefore the case for it will not be made again here. Basic notions will not be repeated in this paper. The majority of criminologists already accept the letdown of the current criminal justice system on certain accounts; problems have been solidly exposed and opponents of restorative justice have been constantly defending the need for their rationale. Perceived advantages are well-known and have been documented soundly. But this work attempts to look beyond the reform minded and optimistic spirit that most of the restorative body of thought (rightfully) carries. Certain less obvious aspects of the theory might be underconceptualized, overlooked or taken for granted. Taking the concern of some more critical authors that restorative justice processes ‘privatize’ conflicts as a starting point, it will be explored whether or not this privatizing...

Words: 5573 - Pages: 23

Premium Essay

Death Penalty

...The Death Penalty Is It a Deterrent to Cop Killing And Crime in General Eastern Michigan University School of Police Staff and Command Executive Lieutenant Ronald Livingston Huntington Woods DPS Huntington Woods, MI An applied research project submitted to the Department of Interdisciplinary Technology as part of the School of Police Staff and Command Program. 2 Abstract This paper examines whether or not the Death Penalty is a deterrent to crime in general and more specific, it examines if the Death Penalty is a deterrent to the murder of Police Officers in the line of duty. It explores the history of the death penalty as our country moves through different periods in its history. Comparisons were made of regions throughout the country as to how the death penalty impacts crime in general and whether the fact that having the death penalty makes Police Officers safer with potential Cop killers knowing that the death penalty awaits them should they kill an Officer. This paper was compiled mainly by researching online periodicals, newspapers and books. This is a topic that evokes strong feelings, pro and con. These feelings and responses to certain crimes provide a virtual emotional roller coaster ride depending on circumstances. The killings of two Detroit Police Officers earlier this year proved to be no different. 3 Table of Contents Abstract ………..……………………………………………………………………..2 Table of Contents………………………………………………………………….....3 Introduction…………………………………………………………………………...

Words: 8281 - Pages: 34

Premium Essay

Rhetorical Analysis Reflection

...The first time that I began writing the English academic essay is three years ago. In order to apply for universities in America, I should take the SAT test. In the test, the hardest part for me is writing. At that time, I realized that writing is never easy for an international student. It is a big challenge to write an academic paper by using the second language. The argument, thesis, word choices and grammar always bother me. However, I know that writing is the most important skill for a college student, so I never stop practicing and improving it. I took a writing class 20C and 39A in my first year. Both of them helped me a lot to improve writing skills. Last quarter, I took 39B, which was my first time to know rhetorical writing. When I take writing 39C this quarter, I learn deeply about the rhetorical and research...

Words: 2375 - Pages: 10

Free Essay

The History of the Death Penalty

...history older than state justice does, yet the example of restorative justice has only recently begun to be expressed. Since Howard Zehr's book Changing Lenses (1990) first sketched the outlines of the restorative justice example, little agreement principles have evolved (McCold, 1998c). Recently, two competing definitions of restorative justice have been brought up. The Declaration of Leuven (1999) and a Working Party of the U.N. Alliance of NGOs (McCold, 1998b) both integrated a working definition of restorative justice. "Restorative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future" (Marshall,...

Words: 1743 - Pages: 7

Free Essay

History of Accounting

...alone; and The work has not been submitted previously, in whole or part, to qualify for any other academic award; and The content of the thesis is the result of work that has been carried out since the official commencement date of the approved research programme. THOMAS R. ROWLES iii TABLE OF CONTENTS Chapter Introduction 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Introduction Purpose of the Study Sombart’s Hypothesis An Alternative Model; Entrepreneurial Decision-making Context: The Industrial Revolution and ‘Profit’ The Changing Nature of ‘Investment’ The Great Depression of 1873-96 Intellectual Introspection Irving Fisher and the Conception of Capital and Income 17 17 17 23 25 26 30 32 34 34 35 36 38 38 38 39 43 46 49 50 51 54 55 1.10 Research Issues Identified 1.11 Summary Derivation of Research Issues 2.1 2.2 Introduction Evidence from Extant Accounts 2.2.1 Fixed Assets in Mercantile Accounting 2.2.2 The East India Company 2.2.3 Fixed Assets and Early Industrial Accounting 2.2.4 Capital Asset Accounting After 1870 2.2.4.i Renewal Accounting 2.2.4.ii Double-Account System 2.2.4.iii A Rejected Hypothesis 2.3 Steam and Iron: the ‘Railway Age’ iv 2.3.1 ‘Loco motion’: An Evolving Technology 2.4 2.5 2.6 2.7 Research Issues Methodological Approach Structure of the Thesis Summary 59 68 69 70 72 74 74 75 77 77 79 79 81 82 86 88 Evaluative Framework 3.1 3.2 3.3 Introduction Static Equilibrium Analysis...

Words: 130630 - Pages: 523

Premium Essay

Business Law

...for instance, advancing technology. This has resulted in some ethical issues in workplaces such as cyberloafing, privacy, information technology usage, employee monitoring. Also, legal issues in workplaces such as lawsuits have emerged. Both employers and employees are worried about the ethical consequences resulting from the ethical issues While bosses use surveillance devices to keep track of their workers' activities and output, these workers feel that excessive monitoring is an attack on their confidentiality and privacy. The strategy of checking workers on a timely basis is contributed by the fact that bosses have rights over everything in the “at-will employment environment.” Additionally, this paper provides a proposal for reducing the ethical and legal issues. The paper also encourages organizations to generate and efficiently communicate ethical standards for workers in their companies. It also includes real examples of workers' perceptions as well as an emotional state from the surveys based on ethical and legal issues raised regarding the topic of study. Keywords: At-will employment, employee monitoring, Ethical and legal issues. Introduction At- will means employment can be terminated at any time, for any reason or no reason without facing legal action. Likewise, an employee can quit a job with or without a prior reason at any time with no legal action against him or her. Also, At-will means, employment relationship terms including, altering wages, benefits...

Words: 2152 - Pages: 9