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Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta ; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the ...
The Bush Doctrine is a marked departure from the policies of deterrence that generally characterized American foreign policy during the Cold War and brief period between the collapse of the Soviet Union and 9/11, and can also be contrasted with the Kirkpatrick Doctrine of supporting stable right-wing dictatorships that was influential during ...
Marshall wrote that "a general provision may be made, and power is given to those who are to act under such general provisions, to fill up the details." Marshall's words and future court decisions gave Congress much latitude in delegating powers. It was not until the 1930s that the Supreme Court held a delegation of authority unconstitutional.
The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
Marshall stated that the Constitution did not explicitly give permission to create a federal bank, but it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that Congress could realize or fulfill its express taxing and spending powers.
Chief Justice Marshall argued that Congress had the right to establish the bank, as the Constitution grants to Congress certain implied powers beyond those explicitly stated. In the case of the United States Government, implied powers are powers Congress exercises that the Constitution does not explicitly define, but are necessary and proper to ...
Marshall observed that the Constitution is "the fundamental and paramount law of the nation", and that it cannot be altered by an ordinary act of the legislature. Therefore, "an act of the Legislature repugnant to the Constitution is void." [54] Marshall then discussed the role of the courts, which is at the heart of the doctrine of judicial ...
Marshall, his wife Cissy, and their children John (bottom left) and Thurgood Jr. (bottom right), 1965. Marshall wed Vivian "Buster" Burey on September 4, 1929, while he was a student at Lincoln University. [3]: 101, 103 They remained married until her death from cancer in 1955.