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Presidents and Precedents: John Marshall’s Impact on Law and Politics

Presidents and Precedents: John Marshall’s Impact on Law and Politics. The fourth, but finest, Chief Justice Served 34 years, 5 months, and two days, until his death on July 6, 1835 Author of 519 decisions A man of logic, reason, and foresight

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Presidents and Precedents: John Marshall’s Impact on Law and Politics

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  1. Presidents and Precedents:John Marshall’s Impact on Law and Politics • The fourth, but finest, Chief Justice • Served 34 years, 5 months, and two days, until his death on July 6, 1835 • Author of 519 decisions • A man of logic, reason, and foresight • His decisions shaped our understanding of the constitution and, despite near crises, stabilized the republic and American constitutional democracy • “The great, the good, and the wise”

  2. Marshall was… A Federalist A Statesman Second cousin to Thomas Jefferson Strategic, pragmatic, analytical, logical Essential to our understanding of the separation of powers and federalism Note the significance of the separation of powers doctrine Federalist Papers MontesquieuMadisonMarshall (judicial review) Note the significance of Federalism Unitary v. confederal v. federal systems of government Supremacy Clause (Article VI) Foundation Elements

  3. Marbury v. Madison Election of 1801 Midnight appointments Politics among/between Jefferson, Madison, Marshall The decision Judicial Review The power of the Court, the necessary 3d variable in the separation of powers Aristotalean logic Jefferson’s response and saving face McCulloch v. Maryland The Bank Case, 1819 Whereas Marbury dealt with the separation of powers, McCulloch dealt with the key principles of federalism. Incorporation Express Powers v. Implied Powers; necessary and proper clause. Meansend relationships Where does the authority to incorporate a bank come from? Why can’t the state tax? John Marshall’s defense of McCulloch v. Maryland The Twin Pillars of American Constitutional Law

  4. Marshall’s Legacy • Judicial Review • Federalism • The notion that the “supreme law of the land” is also a “living constitution”. A document “…intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs” • A very political chief justice, but also most significant legal mind in American Histroy

  5. For further information… • Go to http://cstl-cla.semo.edu/smentkowski • Click on Supreme Court Page button • Follow links imbedded in text for web-assisted teaching and learning materials • Enjoy

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