Thursday, May 21, 2020

The Two Eras that Made the Supreme Court the most Influential

The Marshall Court and the Rehnquist Court are the two eras that made the Supreme Court the most influential. The Marshall Court in 1801 to 1835 helped create the foundation for the United States constitutional law, which contributing to making the Supreme Court of the United States a coequal branch of government. The Rehnquist Court in 1986 to 2005 favored a concept of federalism that played a vital role on the Tenth Amendment’s reservation of powers to the states. Under Rehnquist point of view of federalism, the Supreme Court of the United States struck down an act of congress as overpowering under the commerce clause. These two courts brought the Supreme Court of the United States to an entire new level that brought change to the†¦show more content†¦Because Jefferson was highly upset with Marshall position’s on the Constitution not giving judicial review to the Supreme Court, Jefferson wanted the President to decide if the acts were constitutional or not. Therefore, John Marshall expressed a new theory to the American tradition and legal system that government was under law. Meaning that the â€Å"judicial review means a government in which no person (not even the President) and no institution (not even Congress or the Supreme Court itself), nor even a majority of voters, may freely work their will in violation of the written Constitution†. Since then John Marshall has not declared a law of Congress or an act of the president unconstitutional. Barron v. Baltimore started in 1833. It was the Supreme Court decision that the Bill of Rights were restraining the national government. In the Supreme Court John Marshall declared that Mr. Barron did not have a claim against the stated because the Bill of Rights does not apply to the states. The Supreme Court emphasized that the Constitution was intened to serve for the people of the United States. Marshall wanted it to apply only to the US government that was created by the Constitution, and not for the individual state’s government. Therefore, the states had filed constitutions that would only apply to them, which limited the power of the state government. Thusly, they interpreted the Fifth Amendment as limiting the power of the general government in which did not apply to theShow MoreRelatedThe Supreme Court s Marbury V. Madison Essay1140 Words   |  5 PagesIn 1803, the Supreme Court’s Marbury v. Madison decision would forever alter the political framework of the United States. Resulting in the creation of judicial review—the power to determine if a piece of legislation is constitutional, that is, whether or not it infringes on the provisions of existing law —the Marbury v. Madison decision arguably made the judicial branch the most powerful division of the federal government. 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