Mcculloch V. Maryland Summary

Marshall, in his various opinions of the Court, discusses the power dynamics between the Judiciary and the other two branches and between the Federal government and the states. In his discussion of both Marshall is careful not to assert either Judicial dominance or totalitarian government.
Marshall understands the powers of government, as a whole, to be limited. This is made extremely clear in his opinion in McCulloch v. Maryland where he wrote, “We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended.” This statement is clear from Marshall, his discussion of Congress’ discretionary power is not to be misconstrued as an understanding that the government is without limit, but …show more content…
Rather, Marshall makes it clear, in Marbury, that “the courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.” Marshall is clear that the Constitution, and its statutes, are superior to the statutes passed by the Legislature; as it is the duty, according to Marshall, for the Court to resolve conflict between ordinary statutes and Constitutional statutes it is not the Court that is supreme, but rather the Constitution, rightly interpreted, that the Court protects as supreme. Marshall goes on, in Marbury, to affirm this view stating “This (the Constitution) original and supreme will organizes the government, and assigns to different departments their respective powers.” According to Marshall, the Court’s actions to overturn either state or Federal statutes is not motivated by the will of the Court, rather it is authorized by the perpetual will of the people which is derived from a proper understanding of the people’s

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