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Questions and Answers
What was the primary contribution of John Marshall's leadership to the Supreme Court?
What was the primary contribution of John Marshall's leadership to the Supreme Court?
- Establishing the Court as a respected and co-equal branch of government. (correct)
- Decreasing the number of cases heard by the court.
- Ensuring each justice delivered individual opinions.
- Reducing the power of judicial review.
Which practice did the Marshall Court discontinue, that was previously a custom of the King's Bench in Great Britain?
Which practice did the Marshall Court discontinue, that was previously a custom of the King's Bench in Great Britain?
- Issuing unanimous decisions.
- Appointing judges based on political affiliation.
- The practice of seriatim opinions. (correct)
- Deferring to the executive branch.
What was the significance of the Court speaking as one voice, particularly during Marshall's first four years in office?
What was the significance of the Court speaking as one voice, particularly during Marshall's first four years in office?
- It fostered a stronger sense of unity and authority within the Court. (correct)
- It reduced the influence of the Chief Justice.
- It allowed for more dissenting opinions to be heard.
- It decreased the workload of the Chief Justice.
What authority did the Marshall Court establish over state judiciaries between 1810 and 1821?
What authority did the Marshall Court establish over state judiciaries between 1810 and 1821?
The Marshall Court established the supremacy of the federal government over state governments through a broad interpretation of which clause?
The Marshall Court established the supremacy of the federal government over state governments through a broad interpretation of which clause?
What is the primary significance of the Marshall Court's claim of judicial review?
What is the primary significance of the Marshall Court's claim of judicial review?
In Marbury v. Madison (1803), what power did Chief Justice John Marshall claim for the Court?
In Marbury v. Madison (1803), what power did Chief Justice John Marshall claim for the Court?
According to Marshall's ruling in Marbury v. Madison, what aspect of the Judiciary Act of 1789 was deemed unconstitutional?
According to Marshall's ruling in Marbury v. Madison, what aspect of the Judiciary Act of 1789 was deemed unconstitutional?
What is the long-term impact of the Marshall Court's assertion of judicial review on the Supreme Court?
What is the long-term impact of the Marshall Court's assertion of judicial review on the Supreme Court?
How did Marshall's leadership affect the relationship between the Supreme Court and the other branches of the federal government?
How did Marshall's leadership affect the relationship between the Supreme Court and the other branches of the federal government?
What was the significance of the Marshall Court's ruling in McCulloch v. Maryland (1819)?
What was the significance of the Marshall Court's ruling in McCulloch v. Maryland (1819)?
Which of the following best describes 'seriatim' as it relates to the Supreme Court before the Marshall era?
Which of the following best describes 'seriatim' as it relates to the Supreme Court before the Marshall era?
How did the end of seriatim opinions contribute to the authority of the Supreme Court?
How did the end of seriatim opinions contribute to the authority of the Supreme Court?
What was John Marshall's political affiliation, which influenced his judicial philosophy?
What was John Marshall's political affiliation, which influenced his judicial philosophy?
What did John Marshall consider essential for the Supreme Court to take its place as an equal branch of government?
What did John Marshall consider essential for the Supreme Court to take its place as an equal branch of government?
What is judicial review, and why is it significant?
What is judicial review, and why is it significant?
Which of the following reflects a significant change initiated by the Marshall Court that has had a lasting impact on the American judicial system?
Which of the following reflects a significant change initiated by the Marshall Court that has had a lasting impact on the American judicial system?
What broader principle did McCulloch v. Maryland help to establish regarding the balance of power between the federal government and state governments?
What broader principle did McCulloch v. Maryland help to establish regarding the balance of power between the federal government and state governments?
How has the Supreme Court's routine exercise of judicial review impacted the balance of power among the branches of the U.S. government?
How has the Supreme Court's routine exercise of judicial review impacted the balance of power among the branches of the U.S. government?
Which factor contributed most significantly to John Marshall's reputation as one of the most important justices to serve on the Supreme Court?
Which factor contributed most significantly to John Marshall's reputation as one of the most important justices to serve on the Supreme Court?
Flashcards
Who was John Marshall?
Who was John Marshall?
Appointed Chief Justice in 1801 by John Adams, he led the Court from 1801 to 1835.
What is 'seriatim'?
What is 'seriatim'?
The Marshall Court discontinued the practice of delivering individual opinions and spoke as one voice.
Supreme Court Authority
Supreme Court Authority
The Marshall Court established the Supreme Court's authority over state judiciaries.
Federal Supremacy
Federal Supremacy
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Judicial Review
Judicial Review
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Marbury v. Madison
Marbury v. Madison
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Study Notes
- John Marshall was appointed chief justice by President John Adams in 1801.
- His reputation is due to his long service and the historical importance of the period.
- John Marshall headed the Court from 1801 to 1835.
- He brought needed respect and prestige to the Court.
- Marshall achieved this through his leadership in a progression of cases and innovations.
- As an ardent Federalist, Marshall is considered the most important justice ever to serve on the high Court.
- The Marshall Court discontinued seriatim opinions, a Latin term for "in a series".
- Seriatim opinions were the custom of the King's Bench in Great Britain.
- Marshall instituted several innovations as chief justice.
- He led the Court to issue important rulings.
- These rulings established the Court as a co-equal branch of government.
- Before Marshall, justices delivered individual opinions.
- There was no single opinion of the Court.
- Marshall believed the justices needed to speak as a Court, not individuals, for the Court to take its place as an equal branch of government.
- During Marshall's first four years, the Court routinely spoke as one.
- The chief justice authored 24 of its 26 opinions.
- The Marshall Court established the Supreme Court's authority over state judiciaries.
- This included the power to invalidate state laws in cases from 1810 to 1821.
- The Court established federal government and Congressional supremacy over state governments.
- This was achieved through a broad interpretation of the necessary and proper clause.
- McCulloch v. Maryland (1819) involved a state law that taxed the state bank, including the 1st national bank.
- The Marshall Court claimed the right of judicial review.
- The Court was established as the final arbiter of constitutional questions.
- It gained the right to declare congressional acts void, as seen in Marbury v. Madison.
- The right of judicial review is a major source of the Supreme Court's power and impact.
- The power of judicial review is not mentioned in the U.S. Constitution.
- The Supreme Court's authority to review the constitutionality of acts of Congress was an unsettled question.
- Chief Justice John Marshall claimed sweeping authority for the Court in Marbury v. Madison (1803).
- He asserted that judicial review was an implied power from the Constitution's supremacy clause.
- Although Marbury and others were entitled to commissions, the Court lacked the power to issue the writ sought by Marbury.
- Parts of the Judiciary Act of 1789 that extended the Court's jurisdiction to allow it to issue writs were inconsistent with the Constitution, rendering them unconstitutional.
- "It is emphatically the province and duty of the judicial department to say what the law is," said Marshall, writing for the Court.
- Through judicial review, the Supreme Court exerts its authority to determine what the Constitution means.
- Since Marbury, the Court has routinely exercised judicial review to determine the constitutionality of acts of Congress, the executive branch, and the states.
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