Marshall was born on September 24, 1755 as the eldest son of Thomas and Mary Randolph Marshall. John was to become the oldest son of 15 children. At the age of ten John’s father moved his family 30 miles to the town of Blue Ridge Mountains. Long before John had any real voice in the path of his future career, both John and his mother decided that he was to become a lawyer. It was because of this dream that the Marshall’s filled their house with many books. While most families at this time did not even own a single book, the Marshall household contained several, literature such as the bible, Shakespeare, and Pope. By the age of 12 Marshall was able to write word for word Pope’s moral essays

Before Marshall took the bench, the Supreme Court was considered insufficient and incapable. Through Marshal’s driving force and wise decision making, the Supreme Court was soon raised to a position of great power and respect in the federal government. On Februaury11th, 1803, Marshall was presented with the case Marbury vs. Madison. During this time period judges did not claim the power to enforce a law that, in the opinion of the judge, conflicted with the Constitution. In this historic case, the principal of judicial review was established. With President Adams being replaced in office by the Jeffersonian republicans, John Adams and his fellow Federalists decided to take matters in to their own hands. The outgoing Federalists quickly appointed several judicial posts go ensure their party loyalty. Adams quickly signed over the commissions and handed them over to Marshall, who at the time was Secretary of State, to seal and deliver such commissions. All but a few were finally confirmed and delivered. William Marbury was one of the few whose commission was not delivered. As Jefferson took over the presidency he was furious about the sudden placement of Federalists in Judiciary positions. He ordered to the remaining unsent not to be delivered at all. Marbury never received his earned commission (http://www.oyez.org)

A writ of mandamus is a court order directing an official to perform a duty. (Burns, Peltason, Cronin, Magelby, & O’Brien, 2001-2002) Marshall was faced with a heay decision. Finally on February 24th, 1803 he delivered his verdict. Marshall granted Marbury his commission but also raised the question of Constitutional law. In Marbury vs. Madison, Section 13 of the Judiciary Act is contrary to Article III of the Constitution, wh states tha the Supreme Court is only allowed power over such issues when dealing with an ambassador or foreign minister. If Marshall followed Section 13, he had jurisdiction, however if he followed Article III, he would have no jurisdiction. (http://jmu.edu/madision/marbury/johnmarshall.htm) Marshall decided that the Supreme Court would not enforce an unconstitutional law, thus making the Constitution the supreme and binding law of the states. The decision upheld the Court’s power to review legislation and to overrule acts of Congr

Some topics in this essay:
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