Supreme Court 1789-Civil War Period

From 1789 to the Civil War period the dictatorial Court desire to legitimize a number of Constitutional, legal, and political principals that they asserted were immanent in the development of the Republic. The framers of the Constitution left many doubts in the meaning and the nature of the overbearing Courts authority. The Court needed to appoint and practice the doctrine of juridic Independence; establish the former of the judiciary and defend the Union. The Court needed to establish that discriminative review was solely the Supreme courts power. The Supreme Court recognize that juridical Review must also be obliging into Judicial Sovereignty; the idea that a law may be held unconstitutional and binding on the other branches. The nation-state kinship served as the greatest obstacle for the Supreme Court in preserving the Union. In order to preserve the American Union the Supreme Court steered the representatives, of the period, in order to create a amalgamated nation-state. Preserving the American Union is reflected in all terminations of the cases the cases that fallow.
In the case Marbury v. Madison the Supreme Court invalidated a law, passed by Congress, by declaring an act unconstitutional for the prototypical time. The doctrine of Judicial Review was set forth by this case.



The Court did not want to show vulnerability of its judicial prestige so it only asserted minimal power. marshals decision suggests he was aware of the long-term objective to enhance judicial powers and diminish state autonomy.
In Fletcher v. Peck in 1810 Marshall was ready to declare a state law unconstitutional. Judicial power and prestige was ready to preserve the Union. The case is the first clear precedent that Supreme Court is empowered to lead state laws unconstitutional This case marked the end of the Courts engagement to find its place in American Government; the Supreme Court began to be accepted as the symbol of Constitutionalism by public support.
In Martin v Hunters Lessee in 1816...If you want to get a full essay, order it on our website: Orderessay



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