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    The Significance of the Marshall Court

    Number of Pages: 4


    Summary of the research paper:

    This 4 page paper examines Marshall's influence on the Supreme Court and the balance of power in the United States. Several important decisions are discussed. Bibliography lists 5 sources.

    Name of Research Paper File: RT13_SA541JM.rtf

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    Marshall it seems that the Supreme Court could take precedence over Congress. It was a time when the waters were being tested and the power of the judicial branch within  the federal government was growing. The role of the federal government In the economy was also important. There had always been a fight between states rights and the rights of  the federal government and this idea lingers today. Issues today are different and for example involve things such as gay marriage, but then, there were issues that went to the  economy. The role of the federal government in respect to the economy had been questionable. Transue (2003) writes: "Without a strong system of constitutional checks and balances and the implied  powers of judicial review from Marbury v. Madison, Americans today could not boast a truly free country" (p.12). While judicial review is an idea that makes sense, it is also  one that should not be underestimated. It gives a great deal of power to the judiciary, which is why it does become controversial ("Marbury," 1992). In the exercise of power  of judicial review, the court does have a great deal of leeway in terms of interpretation ("Marbury," 1992). Hence, some clauses that are found in the Constitution are specific and  straightforward as well; however, many are not ("Marbury," 1992). Much is up to the court as it proceeds to define words like "liberty" and "property," and phrases like "due  process of law" or "equal protection of the laws " become relevant (1992). In defining words and phrases, as well as ideas, the court does shape the life of the  nation in very significant ways ("Marbury," 1992). Hence, the courts have a great deal of power due to the fact that they are able to rule on the Constitutionality of 

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