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John Marshall


            The federalist party was in great fear of the demise of their political influence and ideas as the party slowly faded away in the early 19th century. As a desperate act, then Prseident John Adams and the expiring federal Congress passed the Judiciary Act of 1801. The act created 16 new federal judgeships and offices to be held by members of the Federalist Party most natably the appointment of John Marshall as Chief Justice to the Supreme Court. During his period of Chief Justice, Marshall sense of nationalism were the most tenaciously felt throughout the entire period of the mid 1800's. His establishment of the idea of judicial review and decisions helped create a stable, uniform, nationally accepted environment for buisness. Three court cases that established his power and ability to effect the nations econmy include Marbury v. Madison, Dartmouth College v. Woodward and Gibbons v. Ogden. .
             Possibly the most significant court case and decision during the period of John Marshall is the case of 1803 Marbury v. Madison. William Marbury was among the federalist who recieved commision from Adams to hold a federal office. His commision was never approved and Thomas Jefferson assumed office. Marbury demanded the approval of his commision from Sevretary of State James Madison although Madison and Jefferson ignored his request. Marbury appealed his case with the Supreme Court requesting them to issue a writ of mandamus directed at James Madison. A writ of mandamus orders a public official to carry out his duties. Marshall's ruling was to that Marbury was due his commision and the writ of mandamus was the proper writ to issue in the case. Marshall realized the future significance of his decision and establish the idea that Marbury, although entitled to the writ, could not attain it. Marshall concluded that the Judiciary Act of 1789 which granted the Supreme Court this right was an unconstitutional law.


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