Free Defender of the Constitution Essay Sample
The key concept in this discussion is an in-depth review of the book John Marshall: Defender of the constitution, which is an original work of Frances N Stites and Oscar Handlin. This publication was first released in the year 1981.The 181 paged autobiography book revolves a round biography of John Marshall a renown lawyer and a judge and a Chief Justice. The book narrates the life of Marshall methodologically from childhood through to his old age an inspiring, intelligent and charismatic citizen of the United States of America.
A 1755 Virginia born Marshall is a true Virginian in all aspects from birth, nurturing, character and possession. (Stites & Handlin 1).This Virginian lawyer was a strong federalist in the era of American constitution construction and development. Arguments of the opponents and proponents of the draft are analyzed and it becomes clear that Marshall is a proponent of the constitution after he was officially confirmed in the Supreme Court. He is specifically noted as the key player in defending federalist schema in his home city Virginia, and France's XYZ affair where his arguments carried the day. The success in this XYZ case elevated him to a respected national hero and gave him a chance to continuously negotiate with France .In addition, he wrote to Talleyrand on matters surrounding import trade to the United States of America (Stites & Handlin, p12-13).
While serving in the sixth congress, he assisted in defense of Adams with reference to affair of Thomas Nash. Though he was a persistent adherent believer in a non-partisan judiciary system, he was a beneficiary of a well organized partisan battle which succeeded in elevating him to Supreme Court. Partisan approach to some extent overshadowed his near the beginning years in the court. Interest is directed on his Supreme Court term and rulings he fronted towards shaping how Supreme Court interprets the constitution ever since.
As the fourth Chief Justice of the United States of America, Marshall defined federalism as power distribution within an organization. He compares this to the central government to other arms or the central authority and correspondent constituent units. At the seat of the chief Justice, John successfully, confronted the issue of partisan politics and distanced its influence on the Supreme Court. With a strong structural framework guiding his informed choice of actions, coupled with the need to make rulings, Marshall Cuts a niche \in steered balanced arguments. Through persistence, judiciary branch was leveled with other branches (Stites & Handlin 28).
Even after the extinct of Federalist Party government, federalism continued to be in full operation due to its clear pathways in the system of branch with clearly defined checks. This branch system is extremely useful in a successful existence course. Marshall is still believed to be the brain child of federalism partly as a result of his upbringing .His impressive track record speaks for itself .Besides this, his presence throughout the time of revolutionary battle and after influenced so much on the events occurring a round him (Stites & Handlin 63).
Many of the cases he made ruling on during his tenure as the chief Justice are still relevant to the present world judiciary, even in the global society. Through memorable cases like McCulloch v. Maryland of 1819, judicial branch was established as an autonomous entity and exercised this power to make an independent judgment .The famous Gibbons v. Ogden of the 1824 demonstrated Marshall's striking ability to balance power, minimize the then intensifying sectionalism and amalgamate the several states controlled by the federal government system. In another instance, Captain Ogden ship passing through New York on the way to trade in the midst of other states is stopped by Gibbons Thomas who demands that Ogden should cede his vessel to New York officials on the ground that he had no valid license authorizing him to pass through New York waters. In a landmark ruling, the verdict upheld powers of federal government in favor of commerce (Stites & Handlin 84).
The intelligent decision made by Marshall in several occasion is inspiring and some are still in practice inmost judicial systems of the world and international courts. Law is a dynamic part of the society and practicing it is the key. This book has a lot of intriguing and relevant explanation on the metamorphosis of law in application to specific scenarios. This book is a must read literature for business law students, and generally to any one with an interest in understanding the elements regulating an informed decision making
In conclusion, John Marshall: Defender of the Constitution book attempts to draw a picture of a nationalist and a strong defender of the constitution based on a non-partisan approach. In fact, there is a suggestion that Marshall should be included in the league of great United States of America figure like Lincoln, Jimmy Carter among others. Balancing of power is well covered to include decision making at micro and macro levels.