I | INTRODUCTION |
John Marshall
(jurist) (1755-1835), American jurist and statesman, who as the fourth
chief justice of the United States was principally responsible for developing
the power of the United States Supreme Court and formulating constitutional law
in the nation.
Marshall was born in Germantown, Virginia, on
September 24, 1755, the eldest of 15 children. His childhood was spent under
pioneer conditions in Fauquier County, Virginia, and his parents provided his
early education. Marshall served in the American Revolution, first as a
lieutenant and then as a captain. He received his only formal education in 1779,
when he briefly studied law at the College of William and Mary. Admitted to the
bar in 1780, he began practice in the West. Two years later he moved to
Richmond, Virginia, and was soon a leader among Virginia lawyers.
II | EARLY CAREER |
As a member of the Virginia Assembly from 1782
to 1791, Marshall worked for ratification of the U.S. Constitution and became a
prominent member of the Federalist Party. In 1795 he turned down George
Washington's appointment of U.S. attorney general; he later declined appointment
as a minister to France. After Marshall's second term in the Virginia Assembly
(1795-1797), however, Washington prevailed upon him to serve as a member of a
commission to arbitrate diplomatic affairs with France (see XYZ Affair).
Although the mission failed, Marshall's activities in this dispute made him a
popular figure and earned him a monetary reward from Congress. He was elected to
the U.S. House of Representatives in 1799, where he acted as spokesman for the
Federalist Party. In 1800 he became secretary of state in the cabinet of
President John Adams, and a year later Adams appointed him chief justice of the
U.S. Supreme Court. Marshall held this office for 34 years until his death.
III | THE CHIEF JUSTICE |
The most important judicial figure in U.S.
history, Marshall is justly famed as the “great chief justice.” Before his
appointment to the bench, the Supreme Court was regarded as ineffectual. By the
force of his personality and the wisdom of his decisions, Marshall raised the
Court to a position of great power in the federal government. He succeeded in
making it the ultimate authority in constitutional matters.
The first and perhaps most important of
Marshall's great cases was Marbury v. Madison (1803), which
established once and for all the right of judicial review. The decision upheld
the Court's power to review legislation and to overrule acts of Congress and of
state legislatures that it considered unconstitutional. The power of judicial
review was fundamental to Marshall's interpretation of constitutional
doctrine.
Marshall and the Court followed this with
decisions that made sure federal law would be exercised under a unified judicial
system. In Fletcher v. Peck (1810) the Court ruled that a state
could not arbitrarily interfere with an individual's property rights.
Dartmouth College v. Woodward (1819) reaffirmed the inviolability
of a state's contract (see Dartmouth College Case).
One of the most famous cases to come before
the Court during Marshall's tenure was McCulloch v. Maryland
(1819), which established the principle that the Constitution granted certain
implied powers to Congress—in this case, the power to create a U.S. bank. The
importance of this decision was in its affirmation of a broad interpretation of
the Constitution, thus making it a flexible instrument to support the federal
government.
In Cohens v. Virginia (1821)
the Supreme Court again upheld its right to overrule state action that violated
the Constitution. Gibbons v. Ogden (1824) confirmed congressional
control over foreign and interstate commerce. These cases and others during
Marshall's tenure made up a body of judicial rulings that generally favored
federal power as opposed to states' rights.
Marshall's judicial activities brought him
into conflict with several presidents. His quarrels with Thomas Jefferson peaked
in 1807 when Marshall presided at the treason trial of the former vice president
Aaron Burr. President Jefferson, who had publicly condemned Burr before the
trial, was hoping for a speedy conviction. According to Marshall's
interpretation of the Constitution, however, conviction for treason required
proof of an overt treasonous act, rather than only proof of engaging in a
conspiracy (see Treason). Burr was acquitted in a generally unpopular
decision.
Although Marshall's decisions were
controversial, his personal integrity, wit, and charm made him much admired even
among his enemies. His legal opinions were characterized by a precise and lucid
style, literary skill, and thorough, logical analysis. He was the author of
Life of George Washington (5 volumes, 1804-7). Marshall died in
Philadelphia on July 6, 1835. According to tradition, the Liberty Bell cracked
while being tolled in mourning for him.
See also Supreme Court of the United
States.
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