United States Supreme Court and the Constitution Essay

United States Supreme Court and the Constitution - adjudicate ExampleMcCloskeys thesis is that the decisions of the United States Supreme Court lean congruently with popular American opinion. Some historians permit put forth the administrative argument that head teacher Justice bath Marshall was the first nous 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 hirer Justice of the Supreme Court of February 15, 1790. antique Justice Jay was not pleased that he was required to impel circuit and subsequently resigned after a little more than one year (March 5, 1791). The second Chief Justice was similarly appointed by George Washington, was John Rutledge of South Carolina. Rutledge was tapped to fill the vacancy created by John Jays resignation and this appointment occurred during a Congressional recess. When the nomination of Rutledge was presented to the newly convened Congres s, they rejected Rutledges nomination, earlier based on his pro- slavery military strengths taken during the Philadelphia Constitutional conclave. 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 const itutional concept of permanence and stability, as he sat on the bench from 1801 -1835. During the Marshall era, the Supreme Court was declared the arrogant arbiter of the constitution. The first case heard by the court was Marbury v. Madison. In this case Marbury was being denied his steering 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 let go 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 legislative body conflicts with the constitution, the law is null and void. (Marbury v Madison) In this case the Marshall court consummated the remains of checks and balances. In McCulloch v. Maryland (1819) the Marshall court reached a unanimous decision that upheld the authority of Congress to lay down a national bank. Chief Justice Marshall