John Marshall and the Law
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John Marshall was the third Chief Justice of the Supreme Court of the United States, and he headed the Court during the era when the primary function of the Supreme Court was asserted, the task of settling constitutional disputes and deciding on the constitutionality of issues raised in the courts. Probably the most famous case of the Marshall court was indeed that of Marbury v. Madison in 1803, which established the right of the Supreme Court to undertake the judicial review of a congressional statute, a principal that pertains to this day and that gives the Supreme Court the power to overturn statues if they are deemed unconstitutional. The personality of Marshall had much to do with his choice of career, his success, his elevation to this high position, and many of the decisions he made and that his Court made under his tenure. Marshall came to a Supreme Court that had been largely inactive in its first 12 years. Alexander Hamilton had stated in 1788 that "the judiciary is beyond comparison the weakest of the three departments of power," and Chief Justice John Jay had expressed his fear that this situation was probably permanent. Marshall's candidacy for the Supreme Court was not supported enthusiastically even by his own party, but he would have a profound effect on the Court and the nation: Within ten years the Court consolidated fear-reaching judicial power and in fifteen more put the authority of Congress on a broad and permanent constitutional footing. Not o
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rginia, and it as during this period when he became a rival with Thomas Jefferson, who by then had fallen out with the Virginia Federalists. During his service in the House of Delegates, he participated in the Virginia Convention debates about the adoption of the Constitution. Patrick Henry spoke in opposition to the Constitution, and Marshall was chosen to speak in favor of a strong judiciary (Dixon, 1997).
In 1797, President John Adams appointed Marshall to the American Mission to France, one of three ministers sent to negotiate a commercial agreement to protect U.S. shipping. The three ministers were approached in Paris by three French agents who suggested a bribe of $250,000 to the French foreign minister, Talleyrand, and a loan of $10,000,000 to France as a prelude to negotiations. This was reported to Washington in dispatches where the three agents were referred to as X, Y, and Z. The matter became public and caused a scandal, with a great deal of outcry over the solicitation for a bribe. There were preparations for war over the matter, and a period of undeclared naval warfare did ensue between France and the United States although no formal war was declared. The incident was finally settled by the Convention of 180
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Approximate Word count = 2159
Approximate Pages = 9 (250 words per page)
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