Monday, December 9, 2019
Marshall`s Court Essay Example For Students
Marshall`s Court Essay Hamilton was a federalist and served as the secretary of the treasury in the1890s. He was a strong supporter of a centralized federal government. He alsoadvocated loose interpretation of the u.s. constitution and the use of theelastic clause. Which was an ambiguous power of the federal government statingthat congress can do what it is proper and necessary john Marshallsepitomizing of these Hamiltonian principals and philosophies can be seen inseveral of his court rulings. Such as, McCulloch vs. Maryland, Dartmouth collegevs. Woodward, Gibbons vs. Ogden, and Cohens vs. Virginia. In the case McCullochvs. Maryland in 1819, Maryland brought a suit against McCulloch and bands himfor refusing to pay a tax on the federal bank. Marshall said, the power totax implies the power to destroy. Marshalls ruling sanctified the federalgovernments user of implied powers. His decision was in favor of the federalbank. It established the national supremacy over state governments. It alsopaved the way for vast expansion of federal power in the future. In the case ofDartmouth college vs. Woodward in 1919 as well, Dartmouth was telling its caseon how they had been chartered in 1769 as a private school to train missionariesand native Americans in new Hampshire. Republican members of the board oftrustees sought to have the state legislature convert the school into a newstate university. The state court supported contention that the state had theright to alter the schools charter. The courts ruling was in favor of therepublican board members. Daniel Webster appealed to the Supreme Court andMarshall overturned the state courts decision. This set the precedent for theGosceant contract. It also set a precedent for the supreme courts power tooverturn the state courts decisions. Which again had strengthened the centralgovernments. In 1824 the Cohens were arrested for selling lottery tickets inVirginia. They then appealed to the Supreme Court. Marshall ruled in favor ofthe state. Marshalls ruling strengthened the federal government byestablishing the power of the Supreme Court to review all state court decisions.The case of Gibbons vs. Ogden in 1824 dealt with Gibbons who wanted to run asteamboat company in New York and he sued Ogden. Ogden had the state givenmonopoly of the New York waterways. Article 1 of the constitution grants theregulation of interstate commerce to congress. New Yorks giving of a monopolyconflicted with the federal coasting act. That act required all vessels onnavigational, coastal an interstate waterways that you have a federal licensethere fore the monopoly was void. This ruling strengthened the federalgovernment with the power to regulate interstate commerce. It is easy to see onhow the Supreme Court with john Marshall epitomized Hamiltonian principles andphilosophies due to his rulings in court. If not for Marshalls rulings itcould be easy to say that our federal government would have fallen apart.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.