John Marshall
John Marshall | |
---|---|
4th Chief Justice of the United States | |
In office February 4, 1801 – July 6, 1835[1] | |
Nominated by | John Adams |
Preceded by | Oliver Ellsworth |
Succeeded by | Roger B. Taney |
4th United States Secretary of State | |
In office June 13, 1800 – March 4, 1801 | |
President | John Adams |
Preceded by | Timothy Pickering |
Succeeded by | James Madison |
Member of the U.S. House of Representatives from Virginia's 13th district | |
In office March 5, 1799 – June 6, 1800 | |
Preceded by | John Clopton |
Succeeded by | Littleton Tazewell |
Personal details | |
Born | Germantown, Virginia Colony, British America | September 24, 1755
Died | July 6, 1835 Philadelphia, Pennsylvania, U.S. | (aged 79)
Resting place | Shockoe Hill Cemetery |
Political party | Federalist |
Spouse | Mary Willis Ambler |
Children | 10, including Thomas and Edward |
Education | College of William & Mary |
Signature | |
Military service | |
Allegiance | United States |
Branch/service | Continental Army |
Years of service | 1775–1780 |
Rank | Lieutenant Captain |
Unit | 3rd Virginia Regiment (1775) 11th Virginia Regiment (1776-80) |
Battles/wars | American Revolutionary War |
John Marshall (September 24, 1755 – July 6, 1835) was an American statesman, lawyer, and
Marshall was born in
In 1801, Adams appointed Marshall to the Supreme Court. Marshall quickly emerged as the key figure on the court, due in large part to his personal influence with the other justices. Under his leadership, the court moved away from
After 1803, many of the major decisions issued by the Marshall Court confirmed the supremacy of the federal government and the federal Constitution over the states. In
Early years (1755 to 1782)
Marshall was born on September 24, 1755, in a
Marshall was a first cousin of U.S. Senator (Ky)
: 433From a young age, Marshall was noted for his good humor and black eyes, which were "strong and penetrating, beaming with intelligence and good nature".
After the 1775
Early political career (1782 to 1797)
Upon joining the House of Delegates, Marshall aligned himself with members of the conservative
Under the
After the United States ratified the Constitution, newly elected President
In 1796, Marshall appeared before the Supreme Court of the United States in Ware v. Hylton, a case involving the validity of a Virginia law that provided for the confiscation of debts owed to British subjects. Marshall argued that the law was a legitimate exercise of the state's power, but the Supreme Court ruled against him, holding that the Treaty of Paris in combination with the Supremacy Clause of the Constitution required the collection, rather than confiscation, of such debts.[30] According to biographer Henry Flanders, Marshall's argument in Ware v. Hylton "elicited great admiration at the time of its delivery, and enlarged the circle of his reputation" despite his defeat in the case.[31]
Adams administration (1797 to 1801)
Diplomat
Vice President John Adams, a member of the Federalist Party, defeated Jefferson in the 1796 presidential election and sought to continue Washington's policy of neutrality in the French Revolutionary Wars. After Adams took office, France refused to meet with American envoys and began attacking American ships.[32] In 1797, Marshall accepted appointment to a three-member commission to France that also included Charles Cotesworth Pinckney and Elbridge Gerry.[33] The three envoys arrived in France in October 1797, but were granted only a fifteen-minute meeting with French Foreign Minister Talleyrand. After that meeting, the diplomats were met by three of Talleyrand's agents who refused to conduct diplomatic negotiations unless the United States paid enormous bribes to Talleyrand and to the Republic of France.[34] The Americans refused to negotiate on such terms, and Marshall and Pinckney eventually decided to return to the United States.[35] Marshall left France in April 1798 and arrived in the United States two months later, receiving a warm welcome by Federalist members of Congress.[36]
During his time in France, Marshall and the other commissioners had sent secret correspondence to Adams and Secretary of State Timothy Pickering. In April 1798, Congress passed a resolution demanding that the administration reveal the contents of the correspondence. A public outcry ensued when the Adams administration revealed that Talleyrand's agents had demanded bribes; the incident became known as the XYZ Affair.[37] In July 1798, shortly after Marshall's return, Congress imposed an embargo in France, marking the start of an undeclared naval war known as the Quasi-War.[38] Marshall supported most of the measures Congress adopted in the struggle against France, but he disapproved of the Alien and Sedition Acts, four separate laws designed to suppress dissent during the Quasi-War. Marshall published a letter to a local newspaper stating his belief that the laws would likely "create, unnecessarily, discontents and jealousies at a time when our very existence as a nation may depend on our union."[39]
Congressman and Secretary of State
After his return from France, Marshall wanted to resume his private practice of law, but in September 1798 former President Washington convinced him to challenge incumbent Democratic-Republican Congressman John Clopton of Virginia's 13th congressional district.[40] Although the Richmond area district favored the Democratic-Republican Party, Marshall won the race, in part due to his conduct during the XYZ Affair and in part due to the support of Patrick Henry.[41] During the campaign, Marshall declined appointment as an associate justice of the Supreme Court, and President Adams instead appointed Marshall's friend, Bushrod Washington.[42] After winning the election, Marshall was sworn into office when the 6th Congress convened in December 1799. He quickly emerged as a leader of the moderate faction of Federalists in Congress.[43] His most notable speech in Congress was related to the case of Thomas Nash (alias Jonathan Robbins), whom the government had extradited to Great Britain on charges of murder. Marshall defended the government's actions, arguing that nothing in the Constitution prevents the United States from extraditing one of its citizens.[41] His speech helped defeat a motion to censure President Adams for the extradition.[44]
In May 1800, President Adams nominated Marshall as
Nomination as Chief Justice
With the Federalists divided between Hamilton and Adams, the Democratic-Republicans emerged victorious in the presidential election of 1800.[49] However, Thomas Jefferson and Aaron Burr both received 73 electoral votes, throwing the election to the Federalist-controlled House of Representatives.[b] Hamilton asked Marshall to support Jefferson, but Marshall declined to support either candidate.[50]
In the
After the election, Adams and the lame duck Congress passed what came to be known as the Midnight Judges Act. This legislation made sweeping changes to the federal judiciary, including a reduction in Supreme Court justices from six to five (upon the next vacancy in the court) so as to deny Jefferson an appointment until two vacancies occurred.[53]
In late 1800, Chief Justice Oliver Ellsworth resigned due to poor health. Adams nominated former Chief Justice John Jay to once again lead the Supreme Court, but Jay rejected the appointment, partly due to his frustration at the relative lack of power possessed by the judicial branch of the federal government.[54] Jay's letter of rejection arrived on January 20, 1801, less than two months before Jefferson would take office.[55] Upon learning of Jay's rejection, Marshall suggested that Adams elevate Associate Justice William Paterson to chief justice, but Adams rejected the suggestion, instead saying to Marshall, "I believe I must nominate you."[56]
The Senate at first delayed confirming Marshall, as many senators hoped that Adams would choose a different individual to serve as chief justice. According to New Jersey Senator Jonathan Dayton, the Senate finally relented "lest another not so qualified, and more disgusting to the bench, should be substituted, and because it appeared that this gentleman [Marshall] was not privy to his own nomination".[57] Marshall was confirmed by the Senate on January 27, 1801, and took office on February 4. At the request of the president, he continued to serve as Secretary of State until Adams' term expired on March 4.[58] Consequently, Marshall was charged with delivering judicial commissions to the individuals who had been appointed to the positions created by the Midnight Judges Act.[59] Adams would later state that "my gift of John Marshall to the people of the United States was the proudest act of my life."[60]
Chief Justice (1801 to 1835)
The Marshall Court convened for the first time on February 2, 1801, in the Supreme Court Chamber of the Capitol Building. The Court at that time consisted of Chief Justice Marshall and Associate Justices William Cushing, William Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore, each of whom had been appointed by President Washington or President Adams.[61] Prior to 1801, the Supreme Court had been seen as a relatively insignificant institution. Most legal disputes were resolved in state, rather than federal courts. The Court had issued just 63 decisions in its first decades, few of which had made a significant impact, and it had never struck down a federal or state law.[62] During Marshall's 34-year tenure as Chief Justice, the Supreme Court would emerge as an important force in the federal government for the first time, and Marshall himself played a major role in shaping the nation's understanding of constitutional law. The Marshall Court would issue more than 1000 decisions, about half of which were written by Marshall himself.[63] Marshall's leadership of the Supreme Court ensured that the federal government would exercise relatively strong powers, despite the political domination of the Democratic-Republicans after 1800.[64]
Personality, principles, and leadership
Soon after becoming chief justice, Marshall changed the manner in which the Supreme Court announced its decisions. Previously, each Justice would author a separate opinion (known as a
Marshall's opinions were workmanlike and not especially eloquent or subtle. His influence on learned men of the law came from the charismatic force of his personality and his ability to seize upon the key elements of a case and make highly persuasive arguments.[67][68][69] As Oliver Wolcott observed when both he and Marshall served in the Adams administration, Marshall had the knack of "putting his own ideas into the minds of others, unconsciously to them".[70] By 1811, Justices appointed by a Democratic-Republican president had a 5-to-2 majority on the Court, but Marshall retained ideological and personal leadership of the Court.[71] Marshall regularly curbed his own viewpoints, preferring to arrive at decisions by consensus.[72] Only once did he find himself on the losing side in a constitutional case. In that case—Ogden v. Saunders in 1827—Marshall set forth his general principles of constitutional interpretation:[73]
To say that the intention of the instrument must prevail; that this intention must be collected from its words; that its words are to be understood in that sense in which they are generally used by those for whom the instrument was intended; that its provisions are neither to be restricted into insignificance, nor extended to objects not comprehended in them, nor contemplated by its framers—is to repeat what has been already said more at large, and is all that can be necessary.[73]
While Marshall was attentive when listening to oral arguments and often persuaded other justices to adopt his interpretation of the law, he was not widely read in the law, and seldom cited precedents. After the Court came to a decision, he would usually write it up himself. Often he asked Justice Joseph Story, a renowned legal scholar and longtime friend of Marshall, to do the chores of locating the precedents, saying, "There, Story; that is the law of this case; now go and find the authorities."[74]
Jefferson administration
Marbury v. Madison
In his role as Secretary of State in the Adams administration, Marshall had failed to deliver commissions to 42 federal justices of the peace before the end of Adams's term. After coming to power, the Jefferson administration refused to deliver about half of these outstanding commissions, effectively preventing those individuals from receiving their appointments even though the Senate had confirmed their nominations. Though the position of justice of the peace was a relatively powerless and low-paying office, one individual whose commission was not delivered, William Marbury, decided to mount a legal challenge against the Jefferson administration. Seeking to have his judicial commission delivered, Marbury filed suit against the sitting Secretary of State, James Madison. The Supreme Court agreed to hear the case of Marbury v. Madison in its 1803 term. Meanwhile, the Democratic-Republicans passed the Judiciary Act of 1802, which effectively repealed the Midnight Judges Act and canceled the Supreme Court's 1802 term.[75][c] They also began impeachment proceedings against federal judge John Pickering, a prominent Federalist; in response, Federalist members of Congress accused the Democratic-Republicans of trying to infringe on the independence of the federal judiciary.[77]
In early February 1803, the Supreme Court held a four-day trial for the case of Marbury v. Madison, though the defendant, James Madison, refused to appear.
Marbury v. Madison was the first case in which the Supreme Court struck down a federal law as unconstitutional and it is most significant for its role in establishing the Supreme Court's power of judicial review, or the power to invalidate laws as unconstitutional. As Marshall put it, "it is emphatically the province and duty of the judicial department to say what the law is."[80] By asserting the power of judicial review in a holding that did not require the Jefferson administration to take action, the Court upheld its own powers without coming into direct conflict with a hostile executive branch that likely would not have complied with a court order.[81] Historians mostly agree that the framers of the Constitution did plan for the Supreme Court to have some sort of judicial review, but Marshall made their goals operational.[82] Though many Democratic-Republicans expected a constitutional crisis to arise after the Supreme Court asserted its power of judicial review, the Court upheld the repeal of the Midnight Judges Act in the 1803 case of Stuart v. Laird.[83][d]
Impeachment of Samuel Chase
In 1804, the House of Representatives impeached Associate Justice Samuel Chase, alleging that he had shown political bias in his judicial conduct. Many Democratic-Republicans saw the impeachment as a way to intimidate federal judges, many of whom were members of the Federalist Party.[84] As a witness in the Senate's impeachment trial, Marshall defended Chase's actions.[85] In March 1805, the Senate voted to acquit Chase, as several Democratic-Republican senators joined with their Federalist colleagues in refusing to remove Chase.[86] The acquittal helped further establish the independence of the federal judiciary.[87][86] Relations between the Supreme Court and the executive branch improved after 1805, and several proposals to alter the Supreme Court or strip it of jurisdiction were defeated in Congress.[88]
Burr conspiracy trial
Vice President Aaron Burr was not renominated by his party in the
Fletcher v. Peck
In 1795, the state of Georgia had sold much of its western lands to a speculative land company, which then resold much of that land to other speculators, termed "New Yazooists." After a public outcry over the sale, which was achieved through bribery, Georgia rescinded the sale and offered to refund the original purchase price to the New Yazooists. Many of the New Yazooists had paid far more than the original purchase price, and they rejected Georgia's revocation of the sale. Jefferson tried to arrange a compromise by having the federal government purchase the land from Georgia and compensate the New Yazooists, but Congressman John Randolph defeated the compensation bill. The issue remained unresolved, and a case involving the land finally reached the Supreme Court through the 1810 case of Fletcher v. Peck.[92] In March 1810, the Court handed down its unanimous holding, which voided Georgia's repeal of the purchase on the basis of the Constitution's Contract Clause. The Court's ruling held that the original sale of land constituted a contract with the purchasers, and the Contract Clause prohibits states from "impairing the obligations of contracts."[93] Fletcher v. Peck was the first case in which the Supreme Court ruled a state law unconstitutional, though in 1796 the Court had voided a state law as conflicting with the combination of the Constitution together with a treaty.[94]
McCulloch v. Maryland
In 1816, Congress established the Second Bank of the United States ("national bank") in order to regulate the country's money supply and provide loans to the federal government and businesses. The state of Maryland imposed a tax on the national bank, but James McCulloch, the manager of the national bank's branch in Baltimore, refused to pay the tax. After he was convicted by Maryland's court system, McCulloch appealed to the Supreme Court, and the Court heard the case of McCulloch v. Maryland in 1819. In that case, the state of Maryland challenged the constitutionality of the national bank and asserted that it had the right to tax the national bank.[95] Writing for the Court, Marshall held that Congress had the power to charter the national bank.[96] He laid down the basic theory of implied powers under a written Constitution; intended, as he said "to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs ...." Marshall envisaged a federal government which, although governed by timeless principles, possessed the powers "on which the welfare of a nation essentially depends."[97] "Let the end be legitimate," Marshall wrote, "let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited but consist with the letter and the spirit of the Constitution, are constitutional."[98]
The Court also held that Maryland could not tax the national bank, asserting that the power to tax is equivalent to "the power to destroy." The Court's decision in McCulloch was, according to Joel Richard Paul, "probably the most controversial decision" handed down by the Marshall Court. Southerners, including Virginia judge Spencer Roane, attacked the decision as an overreach of federal power.[99] In a subsequent case, Osborn v. Bank of the United States, the Court ordered a state official to return seized funds to the national bank. The Osborn case established that the Eleventh Amendment does not grant state officials sovereign immunity when they resist a federal court order.[100]
Cohens v. Virginia
Congress established a lottery in the District of Columbia in 1812, and in 1820 two individuals were convicted in Virginia for violating a state law that prohibited selling out-of-state lottery tickets. The defendants, Philip and Mendes Cohen, appealed to the Supreme Court. The Court's subsequent decision in the 1821 case of Cohens v. Virginia established that the Supreme Court could hear appeals from state courts in criminal lawsuits.[e] The Court held that, because Virginia had brought the suit against the defendants, the Eleventh Amendment did not prohibit the case from appearing in federal court.[101]
Gibbons v. Ogden
In 1808,
Writing for the Court, Marshall held that navigation constituted a form of commerce and thus could be regulated by Congress. Because New York's monopoly conflicted with a properly issued federal license, the Court struck down the monopoly. However, Marshall did not adopt Webster's argument that Congress had the sole power to regulate commerce.[103] Newspapers in both the Northern states and the Southern states hailed the decision as a blow against monopolies and the restraint of trade.[104]
Jackson administration
Marshall personally opposed the presidential candidacy of Andrew Jackson, whom the Chief Justice saw as a dangerous demagogue, and he caused a minor incident during the 1828 presidential campaign when he criticized Jackson's attacks on President John Quincy Adams.[105] After the death of Associate Justice Washington in 1829, Marshall was the last remaining original member of the Marshall Court, and his influence declined as new justices joined the Court.[106] After Jackson took office in 1829, he clashed with the Supreme Court, especially with regards to his administration's policy of Indian removal.[107]
In the 1823 case of Johnson v. McIntosh, the Marshall Court had established the supremacy of the federal government in dealing with Native American tribes.[108] In the late 1820s, the state of Georgia stepped up efforts to assert its control over the Cherokee within state borders, with the ultimate goal of removing the Cherokee from the state. After Georgia passed a law that voided Cherokee laws and denied several rights to the Native Americans, former Attorney General William Wirt sought an injunction to prevent Georgia from exercising sovereignty over the Cherokee. The Supreme Court heard the resulting case of Cherokee Nation v. Georgia in 1831.[109] Writing for the Court, Marshall held that Native American tribes constituted "domestic dependent nations," a new legal status, but he dismissed the case on the basis of standing.[110]
At roughly the same time that the Supreme Court issued its decision in Cherokee Nation v. Georgia, a group of white missionaries living with the Cherokee were arrested by the state of Georgia. The State did so on the basis of an 1830 state law that prohibited white men from living on Native American land without a state license. Among those arrested was Samuel Worcester, who, after being convicted of violating the state law, challenged the constitutionality of the law in federal court. The arrest of the missionaries became a key issue in the 1832 presidential election, and one of the presidential candidates, William Wirt, served as the attorney for the missionaries.[111] On March 3, 1832, Marshall delivered the opinion of the Court in the case of Worcester v. Georgia. The Court's holding overturned the conviction and the state law, holding that the state of Georgia had improperly exercised control over the Cherokee.[112] It is often reported that in response to the Worcester decision President Andrew Jackson declared "John Marshall has made his decision; now let him enforce it!" More reputable sources recognize this as a false quotation.[113] Regardless, Jackson refused to enforce the decision, and Georgia refused to release the missionaries. The situation was finally resolved when the Jackson administration privately convinced Governor Wilson Lumpkin to pardon the missionaries.[114]
Other key cases
Marshall established the Charming Betsy principle, a rule of statutory interpretation, in the 1804 case of Murray v. The Charming Betsy. The Charming Betsy principle holds that "an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains."[115] In Martin v. Hunter's Lessee, the Supreme Court held that it had the power to hear appeals from state supreme courts when a federal issue was involved. Marshall recused himself from the case because it stemmed from a dispute over Lord Fairfax's former lands, which Marshall had a financial interest in.[116] In Dartmouth College v. Woodward, the Court held that the protections of the Contract Clause apply to private corporations.[117] In Ogden v. Saunders, Marshall dissented in part and "assented" in part, and the Court upheld a state law that allowed individuals to file bankruptcy. In his separate opinion, Marshall argued that the state bankruptcy law violated the Contract Clause.[118] In Barron v. Baltimore, the Court held that the Bill of Rights was intended to apply only to the federal government, and not to the states.[119] The courts have since incorporated most of the Bill of Rights with respect to the states through the Fourteenth Amendment, which was ratified decades after Marshall's death.
Authorship of Washington biography
After his appointment to the Supreme Court, Marshall began working on a biography of George Washington. He did so at the request of his close friend, Associate Justice Bushrod Washington, who had inherited the papers of his uncle. Marshall's The Life of George Washington, the first biography about a U.S. president ever published, spanned five volumes and just under one thousand pages. The first two volumes, published in 1804, were poorly received and seen by many as an attack on the Democratic-Republican Party.[120] Nonetheless, historians have often praised the accuracy and well-reasoned judgments of Marshall's biography, while noting his frequent paraphrases of published sources such as William Gordon's 1801 history of the Revolution and the British Annual Register.[121] After completing the revision to his biography of Washington, Marshall prepared an abridgment. In 1833 he wrote, "I have at length completed an abridgment of the Life of Washington for the use of schools. I have endeavored to compress it as much as possible. ... After striking out every thing which in my judgment could be properly excluded the volume will contain at least 400 pages."[122] The Abridgment was not published until 1838, three years after Marshall died.[123]
1829–1830 Virginia Constitutional Convention
In 1828, Marshall presided over a convention to promote internal improvements in Virginia. The following year, Marshall was a delegate to the state constitutional convention of 1829–30, where he was again joined by fellow American statesman and loyal Virginians, James Madison and James Monroe, although all were quite old by that time (Madison was 78, Monroe 71, and Marshall 74). Although proposals to reduce the power of the Tidewater region's slave-owning aristocrats compared to growing western population proved controversial,[124] Marshall mainly spoke to promote the necessity of an independent judiciary.[citation needed]
Death
In 1831, the 76-year-old chief justice traveled to
Unbeknownst to Marshall, his eldest son, Thomas, had died only a few days before, killed by the collapse of a chimney during a storm in Baltimore, through which he was passing on his way to be at his dying father's side.[128]
Marshall's body was returned to Richmond and buried next to Polly's in Shockoe Hill Cemetery.[129] The inscription on his tombstone, engraved exactly as he had wished, reads as follows:
Son of Thomas and Mary Marshall
was born September 24, 1755
Intermarried with Mary Willis Ambler
January 3, 1783
Departed this life
the 6th day of July 1835[125]
Marshall was among the last remaining
Slavery
Over the course of his life, Marshall owned hundreds of slaves. During his most influential period as chief justice, through the mid-1820s, he wrote nearly every decision on slavery, creating a jurisprudence that was contemptuous of free blacks and favorable to violators of the federal ban on the African slave trade.[132] Marshall's association with slavery began early. In 1783, his father Thomas Marshall as a wedding present gave John Marshall his first slave, Robin Spurlock, who would remain Marshall's manservant as well as run his Richmond household. Upon Marshall's death, Spurlock would receive a now-seemingly cruel choice of accepting manumission on the condition of emigrating to another state or to Africa (at age 78 and leaving his still-enslaved daughter Agnes) or choosing his master/mistress from among Marshall's children.[133][134]
Early in his career, during the 1790s, Marshall represented slaves pro bono in a few cases, often trying to win the freedom of mixed-race individuals. In possibly his most famous anti-slavery case, Marshall represented Robert Pleasants, who sought to carry out his father's will and emancipate about ninety slaves; Marshall won the case in the Virginia High Court of Chancery, in an opinion written by his teacher George Wythe, but that court's holding was later restricted by the Virginia High Court of Appeals.[135] In 1796, Marshall also personally emancipated Peter, a black man he had purchased.[136] Furthermore, Marshall in 1822 signed an emancipation certificate for Jasper Graham, manumitted by the will of John Graham.[136]
After slave revolts early in the 19th century, Marshall expressed reservations about large-scale emancipation, in part because he feared that a large number of free blacks might rise up in revolution. Moreover, Virginia in 1806 passed a law requiring freed blacks to leave the state. Marshall instead favored sending free blacks to Africa. In 1817 Marshall joined the American Colonization Society (Associate Justice Bushrod Washington being its national President until his death and Clerk of the Supreme Court Elias Caldwell the organization's long-time secretary) to further that goal.[137][138] Marshall purchased a life membership two years later, in 1823 founded the Richmond and Manchester Auxiliary (becoming that branch's president), and in 1834 pledged $5000 when the organization experienced financial problems.[139]
In 1825, as Chief Justice, Marshall wrote an opinion in the case of the captured slave ship Antelope, in which he acknowledged that slavery was against natural law, but upheld the continued enslavement of approximately one-third of the ship's cargo (although the remainder were to be sent to Liberia).[140]
Recent biographer and editor of Marshall's papers Charles F. Hobson noted that multitudes of scholars dating back to
Moreover, in the mid-1790s John Marshall arranged to buy a vast estate from Lord Fairfax's heir Denny Martin, which led to years of litigation in Virginia and federal courts, some by his brother James Marshall, and Marshall even traveled to Europe to secure financing in 1796.[145] Eventually, that led to the Supreme Court's decision in Martin v. Hunter's Lessee (1816), from which Chief Justice Marshall recused himself as an interested party (but which made him wealthy).[146] In fact, Marshall arranged with his longtime friend and Associate Justice Bushrod Washington to edit and publish the late George Washington's papers in order to (re)finance that purchase.[147] Marshall's large family came to own many slaves, even if as Hobson argues Marshall derived his non-judicial income not from farming but by selling often-uncultivated western lands.[148] Research by historian Paul Finkelman revealed that Marshall may have owned hundreds of slaves, and engaged in the buying and selling of slaves throughout his life, although Hobson believes Finkelman overstated Marshall's involvement, confused purchases by relatives of the same name and noted the large gap between Marshall's documented slave purchases (in the 1780s and 1790s), and the 1830s (in which Marshall both drafted and modified his will and sold slaves to pay debts of his late son John Marshall Jr.).[149] Finkelman has repeatedly suggested that Marshall's substantial slave holdings may have influenced him to render judicial decisions in favor of slave owners.[150][151][152][153]
Personal life and family
Marshall met Mary "Polly" Ambler, the youngest daughter of state treasurer Jaquelin Ambler, during the Revolutionary War, and soon began courting her.
Marshall loved his Richmond home, built in 1790,
Marshall was not religious, and although his grandfather was a priest, never formally joined a church. He did not believe Jesus was a divine being,
While in Richmond, Marshall attended
Other notable relatives of Marshall include first cousin U.S. Senator (Ky)
Impact and legacy
The three chief justices that had preceded Marshall:
Marshall used Federalist approaches to build a strong federal government over the opposition of the Jeffersonian Republicans, who wanted stronger state governments.[168] His influential rulings reshaped American government, making the Supreme Court the final arbiter of constitutional interpretation. The Marshall Court struck down an act of Congress in only one case (Marbury v. Madison in 1803) but that established the Court as a center of power that could overrule the Congress, the President, the states, and all lower courts if that is what a fair reading of the Constitution required. He also defended the legal rights of corporations by tying them to the individual rights of the stockholders, thereby ensuring that corporations have the same level of protection for their property as individuals had, and shielding corporations against intrusive state governments.[169]
Many commentators have written concerning Marshall's contributions to the theory and practice of judicial review. Among his strongest followers in the European tradition has been Hans Kelsen for the inclusion of the principle of judicial review in the constitutions of both Czechoslovakia and Austria. In her 2011 book on Hans Kelsen, Sandrine Baume[170] identified John Hart Ely as a significant defender of the "compatibility of judicial review with the very principles of democracy." Baume identified John Hart Ely alongside Dworkin as the foremost defenders of Marshall's principle in recent years, while the opposition to this principle of "compatibility" were identified as Bruce Ackerman[171] and Jeremy Waldron.[172] In contrast to Waldron and Ackerman, Ely and Dworkin were long-time advocates of the principle of defending the Constitution upon the lines of support they saw as strongly associated with enhanced versions of judicial review in the federal government.[citation needed]
Justice Felix Frankfurter wrote of Marshall and his Pulitzer Prize winning biographer Albert J. Beveridge:[173]
Senator Beveridge, in his Life of John Marshall, has shown with new vividness that the Constitution of the United States is not a document whose text was divinely inspired, and whose meaning is to be proclaimed by an anointed priesthood removed from knowledge of the stress of life. It was born of the practical needs of government; it was intended for men in their temporal relations. The deepest significant of Marshall's magistracy is his recognition of the Constitution as a living framework within which the national and the States could freely move through the inevitable growth and changes to be wrought by time and the great inventions.
The University of Virginia placed many volumes of Marshall's papers online as a searchable digital edition.
Monuments and memorials
Marshall's home in Richmond, Virginia, has been preserved by Preservation Virginia (formerly known as the Association for the Preservation of Virginia Antiquities). It is considered to be an important landmark and museum, essential to an understanding of the Chief Justice's life and work.[160] Additionally, his birthplace in Fauquier County, Virginia has been preserved as the John Marshall Birthplace Park.
An engraved portrait of Marshall appears on U.S. paper money on the series 1890 and 1891 treasury notes. These rare notes are in great demand by note collectors today. Also, in 1914, an engraved portrait of Marshall was used as the central vignette on series 1914 $500 federal reserve notes. These notes are also quite scarce. (
Chief Justice John Marshall, a bronze statue of Marshall wearing his judicial robes, stands on the ground floor inside the U.S. Supreme Court building. Unveiled in 1884, and initially placed on the west plaza of the U.S. Capitol, it was sculpted by William Wetmore Story. His father, Joseph Story, had served on the Supreme Court with Marshall.[180] Another casting of the statue is located at the north end of John Marshall Park in Washington D.C. (the sculpture The Chess Players, commemorating Marshall's love for the game of chess, is located on the east side of the park),[181] and a third is situated on the grounds of the Philadelphia Museum of Art.[182]
On May 20, 2021, the former John Marshall Law School in Chicago announced its official change of name to University of Illinois Chicago School of Law, effective July 1.[192] The university board of trustees acknowledged that "newly discovered research",[193] uncovered by historian Paul Finkelman,[194] had revealed that Marshall was a slave trader and owner who practised "pro-slavery jurisprudence", which was deemed inappropriate for the school's namesake.[193]
Numerous elementary, middle/junior high, and high schools around the nation have been named for him.
The
See also
- List of justices of the Supreme Court of the United States
- List of United States Supreme Court cases by the Marshall Court
- Discovery doctrine
Notes
- George Marshall.[8]
- ^ Prior to the ratification of the Twelfth Amendment in 1804, each member of the Electoral College cast two votes, with no distinction made between votes for president and vice president. In the election of 1800, Jefferson and his ostensible running mate, Burr, each received 73 electoral votes, while Adams finished in third place with 65 votes.
- ^ To Marshall's dismay, the Judiciary Act of 1802 also eliminated sixteen circuit court judgeships and reintroduced the requirement that the Supreme Court Justices ride circuit. Marshall rode circuit in Virginia and North Carolina, the busiest judicial circuit in the country at that time.[76]
- ^ The Supreme Court would not strike down another federal law until the 1857 case of Dred Scott v. Sandford.[80]
- ^ An earlier case, Martin v. Hunter's Lessee, had established that the Court could hear appeals from state courts in civil lawsuits.
References
- ^ "Justices 1789 to Present". Washington, D.C.: United States Supreme Court. Archived from the original on April 15, 2010. Retrieved June 5, 2018.
- ^ See here Archived March 5, 2016, at the Wayback Machine for maps of where the Marshall land was located within Germantown. Cf. http://www.johnmarshallfoundation.org/john-marshall/historic-landmarks/birth-place-of-john-marshall/ Archived March 28, 2014, at the Wayback Machine.
- ^ a b Paul (2018), pp. 11–12
- ^ Smith (1998), pp. 26–27
- ^ Paul (2018), p. 246
- ^ "Marshall, Humphrey (1760–1841)". Biographical Dictionary of the United States Congress 1774 – Present. Washington, D.C.: United States Congress. Archived from the original on July 13, 2011. Retrieved June 11, 2018.
- ^ "Marshall, Thomas Francis (1801–1864)". Biographical Dictionary of the United States Congress 1774 – Present. Washington, D.C.: United States Congress. Archived from the original on June 12, 2018. Retrieved June 11, 2018.
- ^ ""Fully the Equal of the Best" George C. Marshall and the Virginia Military Institute" (PDF). Lexington, Virginia: George C. Marshall Foundation. p. 2. Archived (PDF) from the original on April 12, 2019. Retrieved June 11, 2018.
- ISBN 978-0-19-983246-0.
- ^ Quoted in Baker (1974), p. 4 and Stites (1981), p. 7.
- ^ Paul (2018), pp. 13–14
- ^ Smith (1998), p. 35
- ^ Smith (1998), p. 22
- ^ Paul (2018), p. 11
- ^ Paul (2018), pp. 15, 18
- ^ John Marshall at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ Paul (2018), pp. 18–19
- ^ Smith (1998), pp. 75–82
- ^ Paul (2018), pp. 24–25
- ^ Paul (2018), pp. 25–26
- ^ Smith (1998) p. 105
- ^ Paul (2018), pp. 27–29
- ^ Paul (2018), pp. 30–31
- ^ Paul (2018), p. 34
- ^ Paul (2018), pp. 35–38
- ^ Paul (2018), pp. 43–44
- ^ Paul (2018), p. 45
- ^ Paul (2018), pp. 87–94
- ^ Paul (2018), pp. 96–99
- ^ Smith (1998), p. 157
- ^ Flanders (1904), pp. 30–31, 38
- ^ Paul (2018), pp. 107–108
- ^ McCullough (2001), pp. 486–487
- ^ McCullough (2001), p. 495
- ^ McCullough (2001), pp. pp. 495–496, 502
- ^ Paul (2018), pp. 167, 175–176
- ^ Paul (2018), pp. 172–174
- ^ Paul (2018), p. 175
- ^ Paul (2018), pp. 178–181
- ^ Paul (2018), pp. 182–183
- ^ a b Smith (1998), pp. 258–259
- ^ Paul (2018), p. 184
- ^ Paul (2018), pp. 186–187
- ^ Paul (2018), p. 192
- ^ Smith (1998), pp. 268–286
- ^ Paul (2018), pp. 193–194
- ^ Paul (2018), pp. 196–198
- ^ Paul (2018), pp. 208–209
- ^ Paul (2018), pp. 215–218
- ^ Paul (2018), pp. 220–221
- ^ Paul (2018), pp. 218–221, 227–228
- ^ Colvin, Nathan L.; Foley, Edward B. (2010). "The Twelfth Amendment: A Constitutional Ticking Time Bomb". University of Miami Law Review. 64 (2): 475–534. Archived from the original on February 15, 2020. Retrieved June 5, 2020.
- ^ Stites (1981), pp. 77–80.
- ^ Paul (2018), pp. 221–222
- ^ Robarge (2000), p. xvi
- ^ Paul (2018), p. 222
- ^ Quoted in Stites (1981), p. 80.
- ^ Smith, (1998), p. 16
- ^ Paul (2018), pp. 225–226
- ^ Unger, Harlow Giles (November 16, 2014). "Why Naming John Marshall Chief Justice Was John Adams's "Greatest Gift" to the Nation". History News Network. Archived from the original on February 11, 2017. Retrieved February 8, 2017.
- ^ Paul (2018), p. 232
- ^ Paul (2018), p. 223
- ^ Paul (2018), pp. 3–4
- ^ Schwartz (1993), pp. 67–68
- ^ FindLaw Supreme Court Center: John Marshall Archived November 21, 2009, at the Wayback Machine
- ^ White (1991), pp. 157–200
- ^ Smith (1998), pp. 351–352, 422, 506
- ^ Albert Jeremiah Beveridge (1919), The life of John Marshall, vol. 4, p. 94
- ^ Hobson (1996), pp. 15–16, 119–123
- ^ George Gibbs (1846), Memoirs of the Administrations of Washington and John Adams, vol. II, p. 350.
- ^ Paul (2018), pp. 298–299, 306–308
- Public Broadcasting Service. Archivedfrom the original on September 23, 2017. Retrieved September 1, 2017..
- ^ a b Currie (1992), pp. 152–155
- ^ A reliable statement of the quote was recounted by Theophilus Parsons, a law professor who knew Marshall personally. Parsons (August 20, 1870), "Distinguished Lawyers," Albany Law Journal, pp. 126–127 online Archived December 16, 2014, at the Wayback Machine. Historian Edward Corwin garbled the quote to: "Now Story, that is the law; you find the precedents for it," and that incorrect version has been repeated. Edward Corwin (1919), John Marshall and the Constitution: a chronicle of the Supreme Court. p. 119.
- ^ Paul (2018), pp. 243–247
- ^ Paul (2018), pp. 246–247, 250
- ^ Paul (2018), pp. 251–252
- ^ Paul (2018), pp. 252–253
- ^ Paul (2018), pp. 255–257
- ^ a b Paul (2018), p. 257
- ^ Paul (2018), pp. 258–259
- ^ Gordon S. Wood; ed. by Robert A. Licht (1993), "Judicial Review in the Era of the Founding" in Is the Supreme Court the guardian of the Constitution?, pp. 153–166
- ^ Paul (2018), pp. 260–261
- ^ Paul (2018), pp. 276–277
- ^ Paul (2018), pp. 279–280
- ^ a b "Senate Prepares for Impeachment Trial". United States Senate. Archived from the original on March 8, 2018. Retrieved September 12, 2018.
- ^ Greenhouse, Linda (April 10, 1996). "Rehnquist Joins Fray on Rulings, Defending Judicial Independence". The New York Times. Archived from the original on May 11, 2011. Retrieved October 31, 2009.
the 1805 Senate trial of Justice Samuel Chase, who had been impeached by the House of Representatives … This decision by the Senate was enormously important in securing the kind of judicial independence contemplated by Article III" of the Constitution, Chief Justice Rehnquist said
- ^ Hobson (2006), pp. 1430–1431, 1434–1435
- ^ Paul (2018), pp. 282–283
- ^ Paul (2018), pp. 291–292
- ^ Paul (2018), pp. 293–295
- ^ Paul (2018), pp. 300–303
- ^ Paul (2018), pp. 304–305
- ^ Currie (1992), p. 136
- ^ Paul (2018), pp. 339–341
- ^ Paul (2018), p. 341
- ^ Edward Samuel Corwin (1919), John Marshall and the Constitution: a chronicle of the Supreme Court, p. 133
- ^ Paul (2018), pp. 341–342
- ^ Paul (2018), pp. 342–344
- ^ Paul (2018), pp. 344–345
- ^ Paul (2018), pp. 345–346
- ^ Paul (2018), pp. 365–367
- ^ Paul (2018), pp. 368–370
- ^ Paul (2018), pp. 370–371
- ^ Paul (2018), pp. 386–387
- ^ Paul (2018), pp. 410–412
- ^ Paul (2018), pp. 388–389, 396–397
- ^ Paul (2018), pp. 399–405
- ^ Paul (2018), pp. 412–413
- ^ Paul (2018), pp. 414–416
- ^ Paul (2018), pp. 419–420
- ^ Paul (2018), pp. 421–423
- ISBN 978-0-19-506469-8. Archivedfrom the original on October 29, 2017. Retrieved October 18, 2020.
- ^ Paul (2018), pp. 423–425
- ^ Paul (2018), pp. 267–270
- ^ Paul (2018), pp. 335–338
- ^ Paul (2018), pp. 375–380
- ^ Paul (2018), pp. 382–383
- ^ Hobson (2006), p. 1437
- ^ Paul (2018), pp. 247–250
- JSTOR 1840187..
- ^ "Note". Online Library of Liberty. Archived from the original on January 11, 2011. Retrieved January 15, 2010..
- ^ Marshall, John. "Abridgment". Cary & Lea. Archived from the original on August 6, 2010. Retrieved January 15, 2010.
- ^ "1830 Virginia Constitution". www.wvculture.org. Archived from the original on September 26, 2006. Retrieved July 23, 2015.
- ^ a b c "Determining the Facts, Reading 3: A Locket and a Strand of Hair—Symbols of Love and Family". Teaching with Historic Places: "The Great Chief Justice" at Home. Washington, D.C.: National Park Service, U.S. Department of the Interior. Archived from the original on May 15, 2017. Retrieved June 5, 2018.
- ^ Smith. John Marshall. p. 523.
- ^ "John Marshall Biography: Supreme Court Justice (1755–1835)". www.biography.com. A&E Television Networks. Archived from the original on June 12, 2018. Retrieved June 11, 2018.
- ^ Thayer, James Bradley, "John Marshall," The Atlantic Monthly, March 1901 (retrieved Dec. 18, 2022).
- ^ Christensen, George A. "Here Lies the Supreme Court: Gravesites of the Justices". Yearbook 1983 Supreme Court Historical Society (1983). Washington, D.C.: Supreme Court Historical Society: 17–30. Archived from the original on September 3, 2005. Retrieved June 5, 2018 – via Internet Archive.
- ISBN 9780521850650. Archivedfrom the original on December 31, 2016. Retrieved June 12, 2018.
- ^ "Nominations". Washington, D.C.: Office of the Secretary, United States Senate. Archived from the original on April 7, 2019. Retrieved June 11, 2018.
- ^ Finkelman, Paul (August 31, 2020). "Master John Marshall and the Problem of Slavery". lawreviewblog.uchicago.edu. The University of Chicago Law Review Online. Retrieved March 7, 2023.
- ^ Frances Howell Rudko, "Pause at the Rubicon, John Marshall and Emancipation: Reparations in the early national period", 35 John Marshall Law Review 75, 77-78 (2001)
- ^ Last Will and Testament, partial transcribed manuscript at Library of Virginia, original having been lost during the Richmond fire set during the Confederate retreat, but portions having been transcribed during an Alexandria Virginia court case.
- ^ Rudko, p. 81 et seq.
- ^ a b Rudko at p. 78
- ^ Paul (2018), pp. 46–48
- ^ Paul (2018), pp. 49–51
- ^ Rudko p. 84
- ISBN 978-0871406750
- ^ Charles F. Hobson, Review Essay: Paul Finkelman's Supreme Injustice, 43 J. S.Ct. History pp. 363, 365-367(2018)
- ^ Henrico County erected a historical marker in 2005 https://ww.hmdb.org/m.asp?m=20730[permanent dead link]
- ^ The Marshall dwelling having been destroyed before the American Civil War, trenches were dug on the property in 1862. The current historic house/event center was built in 1918 and it and surrounding gardens are now a park. https://henrico.us/rec/places/armour-house/ Archived July 20, 2021, at the Wayback Machine
- ^ Moving his household there according to Paul (2018) p.
- ^ Paul (2018) p.
- ^ "The Founders and the Pursuit of Land". Archived from the original on August 12, 2021. Retrieved July 20, 2021.
- ^ Lawrence B. Custer, "Bushrod Washington and John Marshall: a preliminary inquiry" 4 Am.J. Legal Hist. 34, 43 (1960)
- ^ Hobson pp. 368-369
- ^ Hobson p. 66
- ^ Finkelman (2016)
- ^ Finkelman (2018)
- ^ Much of Chapter 2 of his 2018 Supreme Injustice book was reprinted (without addressing Rudko's cited work nor Hobson's published concerns but thanking Hobson and others for reviewing a draft) in the 2020 U.Chi.L.Rev. Online on August 31, 2020, as "Master John Marshall and the Problem of Slavery Archived August 21, 2021, at the Wayback Machine" and "John Marshall's Proslavery Jurisprudence: Racism, Property, and the "Great" Chief Justice Archived August 21, 2021, at the Wayback Machine"
- ^ "America's 'Great Chief Justice' Was an Unrepentant Slaveholder". www.msn.com. Archived from the original on August 17, 2021. Retrieved June 15, 2021.
- ^ Paul (2018), pp. 21–22
- ^ Albert Beveridge, Life of John Marshall pp. 72–73
- ^ Newmyer (2001), p. 34
- ^ Paul (2018), pp. 299–300
- ^ "John Marshall House, Richmond, Virginia". Archived from the original on October 13, 2005.
- ^ "National Park Service, Marshall's Richmond home".
- ^ a b National Park Service, "The Great Chief Justice" at Home, Teaching with Historic Places (TwHP) lesson plan
- ^ Paul (2018), pp. 275–276
- ^ Clarence J. Elder & Margaret Pearson Welsh (August 1983). "National Register of Historic Places Inventory/Nomination: D. S. Tavern" (PDF). Archived from the original (PDF) on September 26, 2012. Retrieved May 20, 2013.
- ^ Smith. John Marshall. pp. 36, 406..
- ^ Tignor, Thomas A. The Greatest and Best: Brother John Marshall at Archived January 28, 2011, at the Wayback Machine masonicworld.com.
- ^ "Marshall, Humphrey (1760–1841)". Biographical Dictionary of the United States Congress 1774 – Present. Washington, D.C.: United States Congress. Archived from the original on July 13, 2011. Retrieved June 11, 2018.
- ^ "Marshall, Thomas Francis (1801–1864)". Biographical Dictionary of the United States Congress 1774 – Present. Washington, D.C.: United States Congress. Archived from the original on June 12, 2018. Retrieved June 11, 2018.
- ^ ""Fully the Equal of the Best" George C. Marshall and the Virginia Military Institute" (PDF). Lexington, Virginia: George C. Marshall Foundation. p. 2. Archived (PDF) from the original on April 12, 2019. Retrieved June 11, 2018.
- ^ Smith (1998), p. 8
- ^ Newmyer (2007), p. 251
- ^ Baume, Sandrine (2011). Hans Kelsen and the Case for Democracy, ECPR Press, pp. 53–54.
- ^ Ackerman, Bruce (1991). We the People.
- ^ Waldron, Jeremy (2006). "The Core of the case against judicial review," The Yale Law Review, 2006, Vol. 115, pp. 1346–406.
- ^ Kurland, Philip, ed. (1970). Felix Frankfurter on the Supreme Court: Extrajudicial Essays on the Court and the Constitution. Cambridge, Massachusetts: The Belknap Press of Harvard University Press.
- ^ "The Papers of John Marshall Digital Edition". rotunda.upress.virginia.edu. Archived from the original on June 13, 2015. Retrieved July 23, 2015.
- ^ Beveridge, Albert J. (Albert Jeremiah). "Albert Jeremiah Beveridge collection of John Marshall papers, 1776–1844". Archived from the original on November 8, 2021. Retrieved March 15, 2018.
- ^ "John Marshall Papers". Special Collections Research Center, Earl Gregg Swem Library, College of William & Mary. Archived from the original on January 11, 2012. Retrieved February 4, 2011.
- ^ "Pictures of large size Federal Reserve Notes featuring John Marshall, provided by the Federal Reserve Bank of San Francisco". Archived from the original on November 8, 2021. Retrieved August 3, 2006.
- ^ Pictures of US Treasury Notes featuring John Marshall, provided by the Archived January 16, 2009, at the Wayback Machine Federal Reserve Bank of San Francisco.
- ^ Rod, Steven J. (May 16, 2006). "Arago: 40-cent Marshall". National Postal Museum. Smithsonian Institution. Archived from the original on February 3, 2016. Retrieved January 26, 2019.
- ^ "Statue of John Marshall". Architects Virtual Capitol. Architect of the Capitol, Washington, DC. Archived from the original on June 5, 2017. Retrieved June 5, 2018.
- OCLC 183610465.
- ^ Waite, Morrison Remick; Rawle, William Henry; Association, Philadelphia Bar (1884). Exercises at the ceremony of unveiling the statue of John by Morrison Remick Waite, William Henry Rawle, Philadelphia Bar Association. pp. 1, 3, 5, 9, 23–29. Archived from the original on August 15, 2021. Retrieved October 18, 2020.
- ^ City of Marshall, Michigan
- ^ The Register of the Kentucky State Historical Society, Volume 1. Kentucky State Historical Society. 1903. p. 36.
- ^ a b Gannett, Henry (1905). The Origin of Certain Place Names in the United States. U.S. Government Printing Office. p. 200.
- ^ De Witt Clinton Goodrich & Charles Richard Tuttle (1875). An Illustrated History of the State of Indiana. Indiana: R. S. Peale & co. pp. 567.
- ^ "Courthouse History – Marshall County, Iowa". Archived from the original on October 29, 2018. Retrieved January 26, 2019.
- ^ "Mission and History". Franklin & Marshall University. Archived from the original on January 26, 2019. Retrieved January 26, 2019.
- ^ Brown, Lisle, ed."Marshall Academy, 1837." Archived June 28, 2014, at the Wayback Machine Marshall University Special Collections. September 1, 2004, Dec 20. 2006.
- ^ ISBN 978-0807127018. Archivedfrom the original on August 4, 2020. Retrieved January 26, 2019.
- ^ "Atlanta's John Marshall Law School". The Law School Admission Council. Archived from the original on January 26, 2019. Retrieved January 26, 2019.
- ^ "UIC Removes John Marshall's Name From Law School Due to Slave Ownership". NBC Chicago. Archived from the original on November 8, 2021. Retrieved June 22, 2021.
- ^ a b "UIC renaming John Marshall Law School" Archived May 24, 2021, at the Wayback Machine by Stefano Esposito, Chicago Sun-Times, May 21, 2021. Retrieved May 21, 2021.
- ^ "Editorial: A law school discounts John Marshall’s positive legacy" Archived July 5, 2021, at the Wayback Machine Chicago Tribune, May 25, 2021. Retrieved May 26, 2021.
Works cited
- Currie, David (1992). The Constitution in the Supreme Court: The First Hundred Years, 1789–1888. University of Chicago. ISBN 978-0-226-13109-2.
- Finkelman, Paul (2016). CollegeOfLawUsask (November 21, 2016). "Ariel Sallows Lecture presented by Paul Finkelman". Archived from the original on November 3, 2021 – via YouTube.
- ISBN 9780674051218.
- Flanders, Henry (1904). The Life of John Marshall. T. & J.W. Johnson & Company.
- Hobson, Charles F. (2006). "Defining the Office: John Marshall as Chief Justice". University of Pennsylvania Law Review. 154 (6): 1421–1461. JSTOR 40041344.
- Hobson, Charles F. (1996). The Great Chief Justice: John Marshall and the Rule of Law. University Press of Kansas. ISBN 978-0700607884.
- ISBN 978-1-4165-7588-7.
- Newmyer, R. Kent (2001). John Marshall and the Heroic Age of the Supreme Court. Louisiana State University Press. ISBN 978-0-8071-2701-8.
- Paul, Joel Richard (2018). Without Precedent: Chief Justice John Marshall and His Times. Riverhead Books. ISBN 978-1594488238.
- Schwartz, Bernard (1993). A History of the Supreme Court. Oxford University Press. ISBN 978-0195080995.
- ISBN 978-0-8050-5510-8.
- Stites, Francis N. (1981). John Marshall Defender of the Constitution. Little, Brown. ISBN 978-0-673-39353-1.
- ISBN 978-0195070583.
Further reading
Secondary sources
- Abraham, Henry Julian (2008). Justices, Presidents, and Senators: A History of the U.S. Supreme Court Appointments from Washington to Bush II. Rowman & Littlefield. ISBN 978-0742558953.
- Baker, Leonard (1974). John Marshall: A Life in the Law. Macmillan. ISBN 978-0025063600.
- Houghton Mifflin Co., 1919), winner of the Pulitzer Prize, Volume I, Volume II Archived January 31, 2009, at the Wayback Machine, Volume III and Volume IV at Internet Archive.
- ISBN 978-0465096237.
- Clinton, Robert Lowry (2008). The Marshall Court: Justices, Rulings, and Legacy. ABC-CLIO. ISBN 978-1576078433.
- ISBN 978-1409965558. online Edition Archived July 4, 2020, at the Wayback Machine at Project Gutenberg
- Frank, John P. (1995). Friedman, Leon; Israel, Fred L. (eds.). The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers.
- Goldstone, Lawrence (2008). The Activist: John Marshall, Marbury v. Madison, and the Myth of Judicial Review. Walker. ISBN 978-0802714886.
- Graber, Mark A. (1998). "Federalist or Friends of Adams: The Marshall Court and Party Politics". Studies in American Political Development. 12 (2): 229–266. from the original on June 1, 2020. Retrieved July 6, 2019.
- Johnson, Herbert A. (1998). The Chief Justiceship of John Marshall, 1801-1835. University of South Carolina Press. ISBN 978-1570032943.
- ISBN 978-1-4255-4394-5.
- Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, DC: ISBN 978-0-87187-554-9.
- Newmyer, R. Kent (2005). The Supreme Court under Marshall and Taney (2nd ed.). Wiley-Blackwell. ISBN 978-0882952413.
- Paxton, W. M. (William McClung) (March 15, 1885). "The Marshall family, or A genealogical chart of the descendants of John Marshall and Elizabeth Markham, his wife, sketches of individuals and notices of families connected with them". Cincinnati: R. Clarke & Co. – via Internet Archive.
- Robarge, David Scott (2000). A Chief Justice's Progress: John Marshall from Revolutionary Virginia to the Supreme Court. Greenwood Press. ISBN 978-0313308581.
- ISBN 978-1946074140.
- Rudko, Frances H. (1991). John Marshall, Statesman, and Chief Justice. Greenwood Press. ISBN 978-0-313-27932-4.
- Shevory, Thomas C. (1994). John Marshall's Law: Interpretation, Ideology, and Interest. Greenwood Press. ISBN 978-0-313-27932-4.
- Sloan, Cliff; McKean, David (2009). The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court. PublicAffairs. ISBN 978-1586484262.
- Simon, James F. (2003). What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United States. Simon and Schuster. ISBN 978-0684848716.
- Strauss, Robert (2021). John Marshall: The Final Founder. Lyons Press. ISBN 978-1493037476.
- ISBN 978-0306822209.
- White, G. Edward (2001). "Reassessing John Marshall". William and Mary Quarterly. 58 (3): 673–693. JSTOR 2674300.
Primary sources
- Brockenbrough, John W., ed. Reports of Cases Decided by the Honourable John Marshall, late Chief Justice of the United States in the Circuit Court of the United States District of Virginia and North Carolina From 1802 to 1833 Inclusive in Two Volumes, (Philadelphia, 1837) Volume 1 and Volume 2 Archived November 28, 2015, at the Wayback Machine These are Marshall's decisions in the District Court, not the Supreme Court decisions. For United States Supreme Court decisions see below under Cotton and Dillon.
- Cotton, Joseph Peter Jr., ed., The Constitutional Decisions of John Marshall in two volumes (1905) Vol. 1, Vol. 2 (New York and London).
- Dickinson, Marquis F., ed. John Marshall: The Tribute of Massachusetts, Being The Addresses Delivered at Boston and Cambridge, February 4, 1901, In Commemoration of The One Hundredth Anniversary of His Elevation to the Bench as Chief Justice of the Supreme Court of the United States, Boston: Little, Brown, and Company, 1901.
- Dillon, John M., ed., John Marshall: The Complete Constitutional Decisions (1903, Chicago)
- Hobson, Charles F.; Perdue, Susan Holbrook; and Lovelace, Joan S., eds. The Papers of John Marshall published by ISBN 978-0-8078-3019-2.
- Hobson, Charles F., John Marshall: Writings, Library of America, New York, 2010 (This volume collects 196 documents written between 1779 and 1835, including Marshall's most important judicial opinions, his influential rulings during the Aaron Burr treason trial, speeches, newspaper essays, and revealing letters to friends, fellow judges, and his beloved wife, Polly.)
- Marshall, John. ″The Events of My Life″: An Autobiographical Sketch by John Marshall. Introduction by William H. Rehnquist, Chief Justice of the United States. Edited by Lee C. Bollinger and John C. Dann. Jointly published by Clements Library, University of Michigan, Ann Arbor, MI, and Supreme Court Historical Society, Washington, D.C., 2001.
- Oster, John Edward, ed., The Political and Economic Doctrines of John Marshall (1914, New York)
- Story, Joseph, Memoir of the Hon. John Marshall, LL.D., Chief Justice of the Supreme Court of the United States In Joseph Story's Miscellaneous Writings, pp. 183–200. An expanded version Character, and Services of Chief Justice John Marshall A Discourse Pronounced October 15, 1835 At the Request of the Suffolk Bar Archived October 17, 2015, at the Wayback Machine in the second edition of Story's Miscellaneous Writings pp. 639–697.
- Story, Joseph, ed., (1891 – reprint of the 1837 edition) Writings of John Marshall, late Chief Justice of the United States, upon the Federal Constitution, at Internet Archive
External links
- Works by John Marshall at Project Gutenberg
- The Life of George Washington, Vol. 1 (of 5) Commander in Chief of the American Forces During the War which Established the Independence of his Country and First President of the United States (English)
- The Life of George Washington, Vol. 2 (of 5)
- The Life of George Washington, Vol. 3 (of 5)
- The Life of George Washington, Vol. 4 (of 5)
- The Life of George Washington, Vol. 5 (of 5)
- United States Congress. "John Marshall (id: M000157)". Biographical Directory of the United States Congress.
- Works by or about John Marshall at Internet Archive
- Works by John Marshall at LibriVox (public domain audiobooks)
- The John Marshall Foundation, Richmond, Virginia
- John Marshall Papers, 1755–1835 at The College of William & Mary
- National Park Service, "The Great Chief Justice" at Home, Teaching with Historic Places (TwHP) lesson plan.
- Research Collections: Marshall, John at the Federal Judicial Center
- Virginia Historical Society [1] Archived August 5, 2019, at the Wayback Machine Video Biography of John Marshall.