Marshall Essay

John Marshall defined law the American law from 1801 to 1835, as Chief Justice

of the Supreme Court. He was very consistent in his interpretation of the law, holding

fast to his loose interpretation of the Constitution. The decisions made were vital to the

strengthening of the national government, as well as creating a foundation for economic

growth. In the court cases Marbury v. Madison, Gibbons v. Ogden, and McCulloch v.

Maryland, tremendous steps were taken in this direction.

In 1803, Marshall had his first major court case, Marbury v. Madison. This case

became the origin of judicial review by the Supreme Court. In the case the Judiciary act

of 1789 made by Congress was declared unconstitutional by Marshall. Marshall did this

because he believed that, being in a position of power; it was his obligation to see that

the laws were in accordance with the Constitution. The judiciary act by Congress was a

measure in which Congress had overstepped its bounds not not followed correct

procedure. The "judicial review" of Marshall then became solidified as a responsibility

of the Supreme Court. Judicial review continues even now, essentially controlling

American law. The ruling also decided that the Supreme Court would not take on the

power to enforce rules by writ of mandamus. Marshall took bold steps and expanding

the responsibility of the Supreme Court as he saw fit, and he also check the power of

the Supreme Court as well as Congress. This all brought more of a strengthened role to

the national government. The power to the branches allowed of greater economic

regulation, leading to a stronger economy in the future. Also, the Federalists believed

that a strong national government was needed to promote economic growth and

strength.
 This was also present in the case of Gibbons v. Ogden. Ogden was in support of

state power and he wanted to restrict Thomas Gibbons’ use of the waterways in New

York in transportation of goods for commerce. Ogden felt he had an exclusive privilege

to these waterways, so he took this situation to court. The Chancery Court sided with

Ogden but when Gibbons brought the case to Marshall, the decision was overturned in

favor of Gibbons. Gibbons stated that he boats were under the acts of Congress, which

supersede the powers of New York. Marshall placed federal law over state law to serve

the idea that Congress is the supreme power and regulation of commerce. This went in

hand with the Commerce Clause. This clause grants Congress the power “To regulate

Commerce with foreign Nations, and among the several States, and with the Indian

Tribes”. This is an enumerated power of Congress, limiting the rights of states to

regulate commerce. Due to the national government regulating the commerce instead of

the state governments, there was a greater foundation for the future strength of the

economy. If there is no regulation of commerce, it will be more difficult to keep the

economy strong and moving forward.

The decision in Gibbons v. Ogden was parallel to that of the case of McCulloch v.

Maryland. This case was about whether not McCulloch could tax federal institutions.

Marshall denied the states ability to tax federal institutions and he stood behind

Congress on the "necessary and proper clause”. This clause gives Congress the power

"to make all Laws which shall be necessary and proper for carrying into Execution the

foregoing Powers, and all other Powers vested by this Constitution in the Government

of the United States, or any Department or Officer thereof”. This clause gave Congress

the power to implement the laws and also to create the second national banking
system. The ruling supported the belief of "implied powers" under the constitution. This

idea strengthen the federal government's power. Marshall made sure that federal

supremacy over the state law existed. States had no right to tax federal institutions, due

to the national government having more power. With the second national banking

system, economic stability was made easier because it regulated finance throughout

the country. Without regulation of finance, the economy would become weak and

shatter.

Marshall had such a profound effect through his years as a justice. It is easy to

see that he guided and molded the clay of American law and set the framework for what

was to continue. His views are drilled into the core of our society. He impacted

structures well as function, and was able to allow the government to take more power

and control as well as creating a stronger foundation for a future economy. John

Marshall embodied the laws of the period, and even now his interpretations and rulings

still reign supreme.