John Marshall versus Thomas Jefferson Free Essay, Term Paper and Book Report
John Marshall become Chief Justice on January 27th, 1801 and Thomas Jefferson became President on March 4th of the same year. It was around these times that the battle over who possessed the right to determining what is and is not constitutional began.
Marshall had the opinion that the President should not be the judge of claims of executive power. He expressed that the Court should have that ability. Jefferson argued that the Court would have exclusive power of constitutional interpretation, thus going against the idea of checks and balances in government.
The pair also had differing opinions on the constitutionality of the bank. John Marshall fully endorsed the idea of a national bank even though the constitution did not explicitly give the right of its creation to congress. Jefferson argued exactly that, among other things. He sated that the power to create a national bank is simply not given in the constitution.
Marshall, through Marbury v. Madison, argued that the Supreme Court should have the authority to determine the constitutionality of laws that come before the......
Word Count: 778
Page Count: 3.1 (250 words a page / double spaced)
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