United States Supreme Court and the Constitution

United States Supreme Court and the Constitution

McCloskeys’ thesis is that the decisions of the United States Supreme Court lean congruently with popular American opinion. Some historians have put forth the administrative argument that Chief Justice John Marshall was the first Chief Justice of the United States Supreme Court, albeit belies the historical facts. (John Jay from New York was appointed by George Washingron as the first Chief Justice of the Supreme Court of February 15, 1790. Chief Justice Jay was not pleased that he was required to ride circuit and subsequently resigned after a little more than one year (March 5, 1791). The second Chief Justice was also appointed by George Washington, was John Rutledge of South Carolina. Rutledge was tapped to fill the vacancy created by John Jay’s resignation and this appointment occurred during a Congressional recess. When the nomination of Rutledge was presented to the newly convened Congress, they rejected Rutledge’s nomination, primarily based on his pro- slavery positions taken during the Philadelphia Constitutional convention. The third Chief Justice of official record, also nominated by George Washington, was Elliott Ellsworth of Connecticut. Albeit Chief Justice Ellsworth was one of the delegates at the convention in Philadelphia, after he served for four years, he was concerned about the transient court which had no permanent address and the courts image.)…
Chief Justice of official record, also nominated by George Washington, was Elliott
Ellsworth of Connecticut. Albeit Chief Justice Ellsworth was one of the delegates at the
convention in Philadelphia, after he served for four years, he was concerned about the
transient court which had no permanent address and the courts image.)
The United States Supreme Court did not attain permanence and prestige until the
position was assumed by the fourth Chief Justice John Marshall, who truly personified
the constitutional concept of permanence and stability, as he sat on the bench from 1801
-1835. During the Marshall era, the Supreme Court was declared the supreme arbiter of
the constitution. The first case heard by the court was Marbury v. Madison. In this case
Marbury was being denied his commission as the Secretary of the Treasure and he
petitioned the Marshall court to grant a writ of mandamus. In his majority opinion, Chief
Justice Marshall said that while Marbury was entitled to the commission, the Supreme
Court did not have the power to issue a writ of mandamus. This was because the
Judiciary Act of 1789, the act written by Congress which authorized the Supreme Court
to issue such writs, was unconstitutional. Thus, the court gave up the power to issue
writs, but affirmed their power of judicial review, saying that, "if a law written by the
legislature conflicts with the constitution, the law is "null and void". (Marbury v
Madison) In this case the Marshall court consummated the system of checks and
balances.
In McCulloch v. Maryland (1819) the Marshall court reached a unanimous decision
that upheld the authority of Congress to establish a national bank. Chief Justice Marshall

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