Federal laws were superior to state laws.
federal laws were superior to state laws
Marshalls deal with Federal prisoners and their transfer between, to, and from courts and prisons.
The U.S. Marshalls Service
federal judiciary
novanet- marshall believed the constitution granted strong federal powers jefferson did not
novanet- marshall believed the constitution granted strong federal powers jefferson did not
The federal government has only the power to do exactly as the Constitution says. In George Washington's Presidency Alexander Hamilton who believed in loose construction believed that because the Constitution did not say that creating a national bank was illegal, then it could be done. Thomas Jefferson a believer of a strict interpretation believed that if it was not said in the Constitution that the Federal Government could make a National Bank then it is not allowed. The idea of strict and loose interpretation is fought about even to this day.
strict interpretation
The preamble is the introduction to the Constitution, and states that the Constitution is being written to establish justice. The Constitution establishes a representative republic with a balance of state and federal power.
John Marshall had a loose interpretation of the Constitution while Thomas Jefferson supposedly had a strict interpretation of it. John Marshall strongly believed in the elastic clause (the necessary and proper clause) which meant: "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". So he thought that if a law was needed, then it could be added and adjusted into the Constitution and one didn't have to stick to the exact words of the Constitution. Thomas Jefferson supposedly had a strict construction of the Constitution, but his actions such as the Louisiana Purchase and the Embargo Act showed loose interpretations because neither one of those were written in the Constitution. He very rarely showed a strict interpretation where he stuck directly to the Constitution, so they really weren't that different in views even though in titles they were.
novanet- marshall believed the constitution granted strong federal powers jefferson did not