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Marshall Court's Guiding And Promoting Role Towards T He Early American Society

Posted on:2016-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y WuFull Text:PDF
GTID:2336330479453830Subject:Law
Abstract/Summary:PDF Full Text Request
In the United States, the law and society present a state of close connection. Tocqueville once said: "the political problems in the United States, rarely not sooner or later as a judicial problem to solve." as the supreme body of the judicial system,the Supreme Court has played an essential role. But different from the authority recognized today, the Supreme Court of the United States did not set up with the necessary power and prestige against legislative and administrative power at first. When we talk about the growth of the Supreme Court, the Marshall court always will be mentioned—as the founder of the Supreme Court. As the most famous judge in the history of the United States Supreme Court Justice, John Marshall left an indelible mark in the US justice system with his personal superb legal wisdom and deeply affects the development of the whole American society. It was also under the Marshall's continuous efforts, the Supreme Court of the United States had become a judicial office with unshakable and strong power.For a long time, the domestic research mainly from the legal perspective, mostly aimed at Marshal court's important cases, and focused on the case itself, lacking a macro interpretation of Marshall's court.This article also needs to analyze the cases, but at the same time, analyzes each case's more far-reaching influence and try to present the Marshall court's guiding and promoting role towards the American society. This article tries to select and explain five representative cases in his chief justice life.. Through these five cases,we can find that Marshall always adhered to the principle- federal supremacy and constitutional supremacy as usual, everything he did is in order to consolidate the federal Unity and stability, maintain as to consolidate the foundation of national stability- the constitution, and can be an inspiration to the development of our country's judicial system.
Keywords/Search Tags:Marshal court, federal authority, judicial power, federal power
PDF Full Text Request
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