The John Marshall Project
JOHN MARSHALL: The "Man Who Made the Court Supreme"
| "My gift of John Marshall to the people of the United States was the proudest act of my life. There is no act of my life on which I reflect with more pleasure."
—John Adams, 1826
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John Marshall is not generally listed among the founding fathers of the United States because his major contribution came in the period immediately following that of the founding. In fact, John Marshall is one of the most overlooked figures in all of American history, yet he is widely acknowledged to be the greatest Chief Justice in American history. He was appointed to the court in 1801 by President John Adams during Adams's last weeks as President. The Virginian served as Chief Justice of the United States through the presidencies of Thomas Jefferson, James Madison, James Monroe, John Quincy Adams and most of the two terms of Andrew Jackson. When he died in 1835 John Quincy Adams called Marshall "my father's greatest gift to his country."
Marshall’s most famous case is Marbury v. Madison, in which he established the right of the Court to exercise “judicial review,” the power of the Court to rule on the constitutionality of federal laws. In that case he declared that the Constitution was “the supreme law of the land” and that therefore all subordinate laws must conform to it. Not only did John Marshall write numerous landmark decisions, he also established traditions and patterns of behavior on the court that has survived to this day. Simple gestures such as all the justices shaking hands with each other before they enter the court are martial precedents, as well as the practice of dining and socializing together in order to ensure collegiality. The power of Marshall’s mind can be measured by the fact that although all but one of the associate justices who served with Marshall was pointed by a president of opposite political persuasion, most of Marshall’s decisions were unanimous decisions of the court or had only one or two dissenters.
This project asks you to review the essential facts of John Marshall's life, to read and discuss his best known decisions and to decide for yourself why Marshall is called the greatest Chief Justice in our history. From his life and works you will see for yourself why John Marshall is the “Great Chief Justice.”
Background:
Many believe that John Marshall was the first Chief Justice of United States, which is not quite true. In fact Marshall was the fourth man to hold that office, but he was the first justice who began to shape the court into its modern form. Some people confuse him with another Marshall, General George Catlett Marshall (another Virginian), author of the "Marshall Plan." Among those who know his work, John Marshall is extremely important. In a survey of lawyers and jurists done in the 1930s, Marshall was unanimously selected as the greatest Chief Justice in history.
The mere length of John Marshall's term is remarkable: It began in the waning days of the administration of John Adams and lasted through seven of the eight years of Andrew Jackson’s presidency. Marshall was Chief Justice of United States from 1801 to 1835, and during that time he authored 72 opinions, a number of which can be considered among the real founding documents of United States, or at the very least, among the documents which created the founding principles of the Supreme Court. One of his biographers titled his book “John Marshall: The Man Who Made the Court Supreme,” and the title is fitting.
If John Marshall not been Chief Justice during those formative years, the present state of the court’s place in the American government and its contributions to American freedom and liberty might well be defined very differently. In addition, the relationships among various segments of our political society—federal government branches, states, and lower courts—might also be very different. He was a judicial nationalist, and perhaps his greatest achievement was to define or extend the limits of federal power. Many people—Thomas Jefferson is certainly among them—would argue that John Marshall's influence was not a good thing. Although history has come down squarely in Marshall's favor, some of his decisions remain controversial.
Here is a brief chronology of John Marshall's life:
- John Marshall was born September 24, 1755, in Fauquier County, Virginia, oldest of 15 children, 9 boys, six girls. JM was always very close to his family. Much warm correspondence between JM and his father, Thomas Marshall survives; in JM's adulthood they were like close friends and business colleagues.
- JM had a rough outdoor childhood, but was well educated by his father. He had read Alexander Pope's Essay on Man and memorized much of it by age 12. He also read Blackstone's Commentaries and many other works. He loved poetry all his life.
- At age 13 he attended a private academy in Westmoreland County for one year. He walked 60 miles to school by himself.
- In May 1775 JM was commissioned a lieutenant in the Fauquier County militia. During 1775 and 1776 he served in Great Bridge-Norfolk campaign, so bloody it was known as "Little Bunker Hill." The Virginia troops had "Liberty or Death" sewn on their uniforms and fought very well. JM soon rose to the rank of captain and was with Washington at Valley Forge, serving as Washington's Deputy Judge Advocate. His military experience provided JM with his first practical legal training, and he got much insight into the workings of the law. He took care of legal problems of soldiers and saw how the law worked on people. At Valley Forge Marshall was the most cheerful man in camp--it was said that "nothing discouraged, nothing disturbed" him. He used humor to ease the suffering of the soldiers and was called "Silver Heels" from stockings his mother sewed him which he wore in foot races.
- During the Revolution Marshall also formed his ideas about the necessity for a strong central government: the States did not keep up their end of the bargain. Marshall became and remained a Federalist (or Nationalist) in his thinking. He later said, "I went into the war a Virginian, I came out an American."
- In 1780 JM attended Law lectures at William and Mary with George Wythe. (He took voluminous notes, but scribbled "Polly" in all the margins, as he had fallen in love with Polly Ambler, who became his wife.) This was only formal legal training. In August 1780 he was admitted to practice law in the Fauquier County Court. His license to practice in Virginia was signed by Thomas Jefferson, Governor. In May 1782, JM was elected to the Virginia House of Delegates as a Federalist for the first of eight times. Marshall became the finest lawyer in Virginia; he took over Edmund Randolph's clientele when the latter was elected Governor. He also handled minor legal matters for George Washington.
- In June 1788 JM was a delegate to Virginia Constitutional ratifying Convention. He stoutly supported ratification, making three speeches.
- In 1793 JM was elected Brigadier General, Virginia Militia, the highest rank he achieved. He was known as a soldier-lawyer and was often referred to thereafter as "General Marshall." In 1794 Washington offered JM the post of U.S. District Attorney for Richmond. JM declined as it would have conflicted with his law practice.
- In 1795 JM was admitted to practice before United States Supreme Court to plead the case of Ware v. Hylton; although he argued well, he lost the case. Also in that year George Washington offered Marshall the post of United States Attorney General; Marshall declined.
- In June 1797 Marshall was appointed by President John Adams minister extraordinary to France. He became part of the XYZ negotiations. Marshall's diplomatic messages on the proceedings when published helped bring about the great resentment against France. "Not one cent for tribute … "
- In 1799 JM was elected to the U.S. House of Representatives, where he pursued an independent course--voting against his party & against part of the Sedition Act, which later caused confirmation problems when he was nominated to post of Chief Justice.
- In1800 JM was nominated to be Secretary of War and a few weeks later Secretary of State, a post he held until the early days of Jefferson's administration. In fact he kept the post even after joining the Supreme Court, which was not very busy in those days. His appointment was "an act of Providence" according to his biographer, Albert Beveridge. Some resented the appointment, but he is approved by Senate.
On February 4, 1801, John Marshall assumed the post of 4th Chief Justice of the United State. At time of Marshall's accession, the court was very weak. (Only 55 decisions or so had been issued to that point.) The Constitution was “breaking in pieces” according to some, and the status of the national government was shaky. Marshall helped change all that. He brought power and respect to the court and a sense of stability to the federal government. He served with 15 associate justices, seven of them with him from 12-30 years; there was great continuity on the court at this time, as well as great congeniality, for which Marshall was personally responsible.
MARSHALL'S LEADING DECISIONS
(Links below are excerpts: To see entire decisions go to Cornell Law School Supreme Court decisions and search under “historic decisions only.” You will have to scroll to find the case as the search will produce the original case plus all later cases that referred to it.)
1803 Marbury vs. Madison
- Power of Judicial Review asserted (not a new concept)
- Supremacy of U.S. Constitution over federal law.
- Case came about because of Marshall's own negligence in failing to deliver Marbury's warrant. Marshall might have undermined the court had he defied Jefferson and Madison. What would he have done of they had refused to deliver the warrant?
1810 Fletcher v. Peck
- State law unconstitutional. (Article I, Section 10)
- Rights under prior acts cannot be divested; contract valid even if created under fraudulent conditions; contract cannot be impaired by state law.
1819 Dartmouth College v. Woodward
- Sanctity of contracts
- Definition of corporation
- The nature of the government issuing the charter (contract) is not at issue; if change in government can enable the impairment of contracts, then nothing is safe.
1819 McCulloch v. Maryland
- Implied powers of Congress
- Reaffirmation of supremacy of Constitution
- Federal immunity from state taxation
- Constitutional power derives from people, not states
- Power to tax is power to destroy
1821 Cohens v. Virginia
- "The people make the Constitution and the people can unmake it." -JM.
- States have final jurisdiction in internal matters, but areas that touch federal laws subject to appellate review. (DC lottery tickets sold in VA in violation of state law, but federal law created lottery.)
1824 Gibbons vs. Ogden
- Steamboat case.
- Established plenary federal control of federal government over interstate and foreign commerce.
1831 Cherokee Nation v. Georgia & (1832) Worcester v. Georgia
- Cherokees a "domestic dependent" nation, cannot sue in federal court.
- Georgia has no authority on Indian land.
- Georgia refuses to obey, Jackson refuses to enforce decision. "John Marshall made his decision; now let him enforce it." -Jackson
Additional Resources:
Web Sites on Marshall:
Books:
- Hobson, Charles F. The Great Chief Justice: John Marshall and the Rule of Law (American Political Thought)
- Smith, Jean Edward. John Marshall: Definer of a Nation
- Newmyer, R. Kent. John Marshall and the Heroic Age of the Supreme Court.
Requirement: Prepare an essay addressing one or more of the following questions:
A. What did John Marshall bring to the court?
- What was his family background?
- How and where was he educated?
- How did he serve during the American Revolutionary War?
- What political experience did he have at the state or federal level when he was appointed Chief Justice?
- How did he conduct the business of the Court?
- Describe John Marshall’s relations with Thomas Jefferson.
- What did John Adams say about his appointment of John Marshall in later years?
- What did John Quincy Adams say about his father’s appointment of John Marshall to the Court?
B. John Marshall’s important decisions: In which decision or decisions did John Marshall—
- Uphold the validity of contracts as required by the Constitution?
- Define federal v. state roles in the control of Interstate Commerce?
- Uphold the supremacy of the Constitution over federal laws?
- Uphold the supremacy of the Constitution over state laws?
- Uphold the supremacy of federal laws over state laws?
- Rule on the Constitutionality of the National Bank?
C. The mind of John Marshall
Using words from Marshall’s decisions, characterize the way in which Marshall made arguments:
- Why were his arguments persuasive?
- What lasting legacies did he leave with the Court aside from his actual decisions?