Although not the first Chief Justice of the Supreme Court, John Marshall established the role as we know it today.Another day with my family in town and we spent it at various restaurants and local attractions. Afterwards, everyone took a nap and then we learned that my dog does not like the game Uno.
My Country – John Marshall
According to a Reuters report and something we can all see on Twitter:
“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”
Yet, why do we believe that federal courts can declare actions unconstitutional? Four words: Chief Justice John Marshall.
On February 4, 1801, John Marshall took his seat on the Supreme Court. At the time, President John Adams appointed him to become the last Federalist to hold power after Thomas Jefferson won the White House. And the first issue that came up dealt with another “midnight appointment.” Marbury v. Madison decided that Marbury was entitled to his midnight appointment but ruled that the Supreme Court could not provide the writ of mandamus to force the delivery of his appointment, which had not been received by Marbury in time.
John Marshall added a fundamental “check and balance” to our federal system with the decision. The opinion established that the courts could determine when Congress overstepped its bounds. Additionally, John Marshall became the foundation of the Supreme Court and the American judicial system.
So when the current President asks, “What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?” The answer is quite simple: the way it is supposed to be, thanks to John Marshall.
John Marshall, Andrew Jackson, and Our Current Administration
Another aspect we need to contemplate regarding John Marshall was how our current President’s favorite President treated his role in the government. Not a fan of the newly elected President, Chief Justice John Marshall had an opportunity early in the new president’s term to undercut him. In the Worcester v. Georgia (1832), John Marshall upset President Jackson by ruling that Georgia laws that purported to seize Cherokee lands on which gold had been found violated federal treaties. Jackson famously replied with words we could expect from the current administration:
“John Marshall has made his decision, now let him enforce it.”
Then President Jackson began the policy that became known as the Trail of Tears, where the Cherokee were marched out of their lands to Oklahoma. When the current President states similar opinions, remember that they are not harmless tweets.
Daily Briefing
- Can’t wait for the first new oil and gas disasters that will hurt many after decisions that don’t change our daily oil and gas lives one penny.
- “America First” will fail. Why? “[I]t’s already clear that much of the world is loudly rejecting Trump and his “America first” vision.”
- Run for Something continues to be one of the best ideas coming out of this election. I wish I could.
- If 2017 wants to begin to make the rest of my life look reasonable, please help the French people elect Macron. Please.
- This White House is chaotic and insane – just like they want it.
- Bannon wants them all to read “The Best and the Brightest” by David Halberstam. I own it. I should too. But oy…to paraphrase Lloyd Bentsen, “You’re not Jack Kennedy.”
- Redefining the war on cancer.
- He’s still benefiting from his business. No one would think that Donald Trump would continue to worry about his business more than our country…
- The USDA has decided to remove all of its content on animal warfare programs. How do the Republicans spin this? Too much judicial review made the content need a review.
- Rep. Peter Roskam‘s seat is in the crosshairs of the Democrats. I used to live in that district and would love to see that day.
- The first episode of Superior Donuts was okay. I may stick around if I remember it is on.
- An interesting look at what is happening in France. Marine Le Pen continues as a frightening figure. I understand the anger there, but this does not look good for the future of the country.
- I do not like prep schools or private schools. Rape is not the general reason, but the privilege that emanates from the buildings continues to be.
Daily Distraction
Today, we went to the Explorium in downtown Lexington with my sister, my parents, and our nephew, Trevor. I have never been to a museum with a child as an adult. Although Brian and I enjoyed playing in the sand as much as the kids, something magical does happen when you watch a 14 month old who has begun to walk experience the world. He splashed in the water, touched just about every button you could find, and stared at anyone who would stare at him. The imagination and pure joy for his eyes made an experience that I did not think I would enjoy worthwhile. I hope that everyone who has the opportunity to take a child to a zoo, museum, or any place that lets them touch everything does. I’m sure even at the Supreme Court, they may let your child touch John Marshall’s toe.
One Sentence Story
Nothing can cheer a child up like watching them determine if the town they built should experience a drought or a flood.
