How did Jefferson’s view of the Constitution differ from that of Marshall?
B) Marshall believed the Constitution implied strong state powers; Jefferson did not. C) Marshall believed the Constitution granted strong federal powers; Jefferson did not. D) Jefferson believed the federal courts could overrule state courts; Marshall did not.
What did John Marshall argue in Madison v Madison?
Madison (1804), John Marshall argues that the Supreme Court ought to have the authority to determine the constitutionality of laws which come before the court. Since the judges must apply the laws to particular cases, they must necessarily “expound and interpret” those laws.
Is the Constitution a “mere thing of wax in the hands of judiciary?
If the judiciary has sole power of constitutional interpretation, then the Constitution “is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.”
How was John Marshall's interpretation of the Constitution different from that of Thomas Jefferson's quizlet?
John Marshall's loose interpretation of the constitution gave the Court the power of judicial review, declared federal law supreme over state law, and found implied powers for the federal government. When Jefferson became President in 1801, John Marshall became the Chief Justice.
How did John Marshall interpret the Constitution?
He asserted the judiciary's authority to expound the Constitution as paramount law and to hold the other branches accountable to that law. Second, Marshall interpreted the Constitution in ways that significantly enhanced the powers of the federal government.
How did Thomas Jefferson feel about the interpretation of the Constitution?
Jefferson and Madison grounded their interpretation of the Constitution in the history and experience of the Revolution and the public process of ratification. Both men believed the constitutional interpretation of Hamilton and his allies threatened the freedom and independence of the country.
What did Marshall say about the Constitution?
Marshall, the court's only black justice, said the Constitution was "defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today."
What did John Marshall believe in?
Marshall was guided by a strong commitment to judicial power and by a belief in the supremacy of national over state legislatures. His judicial vision was very much in keeping with the Federalist political program. John Marshall's earliest landmark decision as Chief Justice came in Marbury v.
What did John Marshall call the Constitution?
In his opinion, Chief Justice John Marshall relied almost exclusively on the specific language of the Constitution, saying that it was the “paramount law of the nation” and that it constrained the actions of all three branches of the national government.
Why did Thomas Jefferson not like the Constitution?
Thomas Jefferson's December 20, 1787, letter to James Madison contains objections to key parts of the new Federal Constitution. Primarily, Jefferson noted the absence of a bill of rights and the failure to provide for rotation in office or term limits, particularly for the chief executive.
What did Thomas Jefferson do for the Constitution?
Jefferson was the principal author of the Declaration of Independence in 1776 and also a mentor to James Madison, a driving force behind the 1787 Constitutional Convention.
Why was Thomas Jefferson not at the Constitutional Convention?
Jefferson was not among the founding fathers who gathered in Philadelphia; he was in Paris serving as minister to France. John Adams was also abroad, serving as minister to Great Britain.
Why did Marshall believe the Constitution is superior to the other laws of the United States?
Terms in this set (5) Why, according to Marshall, is the Constitution superior to any ordinary act of the legislature? The Constitution is superior to any ordinary act because it is the supreme law of the land.
What was Marshall's decision?
Prints & Photographs Division. The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional. The unanimous opinion was written by Chief Justice John Marshall.
Who was John Marshall and why was he important quizlet?
Who was John Marshall? Chief justice of the supreme court. What did John Marshall do to make him such an important person in American history? His legal decisions helped him shape the role in American government.
Answer
John Marshall’s interpretation of the Constitution differed from that of Thomas Jefferson because (C); John Marshall believed the Constitution granted strong federal powers; Thomas Jefferson did not. John Marshall political philosophy was one that of a federalist approach.
Answer
The correct answer is C) Marshall believed the Constitution granted strong federal powers; Jefferson did not.
What did Jefferson and Marshall have in common?
Marshall and Jefferson had much in common. Both were Virginians. Both had fathers who were surveyors. As governor, Jefferson even appointed Thomas Marshall, John’s father, as surveyor of the Kentucky territory. Both men were descended from the famous Randolph family. When Edmund Randolph was elected governor of Virginia in 1786, he turned his law practice over to John Marshall. Randolph had taken over the very same law practice from Thomas Jefferson when Jefferson chose to devote his full attention to politics in 1774. Hence, “Jefferson’s law practice ultimately became John Marshall’s.” [3] In their preparation for the practice of law, Jefferson and Marshall both studied under and revered the same distinguished law professor, George Wythe of the College of William and Mary. More importantly, both Marshall and Jefferson were patriots who found common cause in the War for Independence. With all of these parallels, it is difficult to imagine how these two individuals would take such different paths in shaping the young nation’s history. Yet it is clear that Marshall and Jefferson were guided by dramatically different perspectives and outlooks concerning government and politics. Despite their many similarities, “the contrasts that fueled their rivalry abounded.” [4] University of Toronto political science professor Jean Edward Smith illuminates these differences quite nicely in his biography of John Marshall. As Smith puts it:
What is the argument in McCulloch v. Maryland?
At the heart of Marshall’s opinion in McCulloch v. Maryland is an explicitly stated belief in broad construction of the Constitution. This stands in sharp contrast to Jefferson’s firm belief that a literal construction of the Constitution is essential.
Why are the debates between Jefferson and Marshall important?
That the debates between Marshall and Jefferson have had such lasting significance is due in part to the fact that both men were towering intellectuals. Their ability to articulate with force and acumen their different conceptions of the Constitution gives vitality to their views two hundred years later.
What was Marshall's main idea?
Edward White, a professor of law at the University of Virginia, suggests that a central theme of Marshall’s legal principles was the tacit surrender of sovereignty by the people to their national government. Marshall believed that, although the people were the ultimate sovereign, “in consenting to be governed they had chosen a particular form of governmental control, the republican form. That form, in Marshall’s view, constrained the people as much as it allowed them self-government.” [24] In this regard, Marshall’s thinking paralleled that of Alexander Hamilton. In Federalist 15, Hamilton wrote: “Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice without constraint.” And in Federalist 6, Hamilton wrote: “Have we not already seen enough of the fallacy and extravagance of those idle theories which have amused us with promises of an exemption from the imperfections, the weaknesses, and the evils incident to society in every shape?”
What did Marshall say about the Supreme Court?
Marshall thus ruled that Congress did not have the authority to expand the original jurisdiction of the Supreme Court. Hence, the provision of the Judiciary Act of 1789 expanding the jurisdiction of the Court was “repugnant to the Constitution” and, therefore, “void.”.
What was Thomas Jefferson's philosophy?
In sharp contrast to John Marshall’s elitist orientation—with its emphasis on the primacy of the national government, and restraint of the excesses of democracy—Thomas Jefferson’s philosophy was at once populistic and highly individualistic. Throughout the first decade of the American republic, competing claims regarding ...
Which case was the first bank of the United States?
Four years later, the constitutionality of the bank was unanimously sustained by the Marshall Court in the landmark case of McCulloch v. Maryland (1819). [15] . In his opinion for the Court, Chief Justice Marshall borrowed heavily from Hamilton’s original arguments on behalf of the first Bank of the United States.