John Marshall 's Doctrine Of Broad Construction Of The Constitution

824 Words Feb 14th, 2016 4 Pages
Under Article 1, Section 8 of the Constitution, congress had the power to make all the laws that would be necessary and proper for exaction the foregoing powers and other powers invested by the constitution in the Government of United States or any Department officer. Necessary means required or essential to. Necessary required congress to execute the powers that were granted in the constitution. John Marshall the Chief Justice wrote his opinion to the court stated that the constitution gave congress all the power to make all the laws. John Marshall incorporated Alexander Hamilton’s doctrine of broad construction of the constitution, John Marshall wrote, “Let the end be legitimate, let it be within the scope of the constitution.” (Barnett, 2003). In 1801, President John Adams appointed John Marshall to be the fourth Chief Justice. Marshall took clear and firm steps to define the role and the powers of both the Supreme Court and the judicial system. John Marshall decisions established the principle of the Judicial review whereby congressional law and to execute actions judged by the Supreme Court to stay within bounds of the constitution. John Marshall kept his Federalist views and he favored a strong Government action. Marshall, also supported the supremacy of the Federal Government over State authorities. The historic decision in 1803, the case of Marbury v. Madison. The Supreme Court under Chief Justice John Marshall was a landmark case that the Supreme Court had…

Related Documents