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Judicial Nationalism. The Marshall Court. FOCUS QUESTION: How did the actions of the Marshall Court contribute to the rise in nationalism in the U.S.?. Role of the Supreme Court. The Judiciary loosely defined in the Constitution Only the Supreme Court was named

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Judicial nationalism

Judicial Nationalism

The Marshall Court


FOCUS QUESTION:

How did the actions of the Marshall Court contribute to the rise in nationalism in the U.S.?


Role of the supreme court
Role of the Supreme Court

  • The Judiciary loosely defined in the Constitution

    • Only the Supreme Court was named

    • Congress held rights to make new courts

  • Very little actually outlined


Weakness of the judiciary
Weakness of the Judiciary

  • Early Court Justices did not last

  • None of the first three Chief Justices remained in office long

    • John Jay resigned to run for state governor

    • John Rutledge denied confirmation

    • Oliver Ellsworth lasted four years

  • The Courts were the weak branch of the Federal government


John marshall
John Marshall

  • Marshall built the federal judiciary

  • Fleshed out the powers of the Courts

  • Lent it a sense of mystique

  • Brought the Courts an equal

    status with the other

    branches


Background
Background

  • Marshall was a brilliant, practiced lawyer

    • Served in the Continental Army

    • Served in the House of Representatives

    • Served as Secretary of State under Adams

  • Keen, analytical mind

  • Virginia Federalist


Reshaped the court
Reshaped the Court

  • Promoted a collegial approach to cases

  • Sought unanimous decisions when possible

  • Pushed for single opinions when deciding a case, rather than a decision from each justice

  • Saw the Supreme Court as the final authority on the Constitution


Used the courts to tie the nation together
Used the Courts to tie the nation together

  • Stressed Supremacy of the Constitution

  • Worked to define limits of states rights

  • Strengthened federal authority


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