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John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and is widely regarded as one of the most influential justices ever to serve. Prior to joining the Court, Marshall served as the fourth U.S. Secretary of State under President
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
. Marshall was born in
Germantown Germantown or German Town may refer to: Places Australia * Germantown, Queensland, a locality in the Cassowary Coast Region United States * Germantown, California, the former name of Artois, a census-designated place in Glenn County * G ...
in the Colony of Virginia in 1755. After the outbreak of the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, he joined the Continental Army, serving in numerous battles. During the later stages of the war, he was admitted to the state bar and won election to the
Virginia House of Delegates The Virginia House of Delegates is one of the two parts of the Virginia General Assembly, the other being the Senate of Virginia. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-number ...
. Marshall favored the ratification of the U.S. Constitution, and he played a major role in Virginia's ratification of that document. At the request of President Adams, Marshall traveled to France in 1797 to help bring an end to attacks on American shipping. In what became known as the
XYZ Affair The XYZ Affair was a political and diplomatic episode in 1797 and 1798, early in the presidency of John Adams, involving a confrontation between the United States and Republican France that led to the Quasi-War. The name derives from the subs ...
, the government of France refused to open negotiations unless the United States agreed to pay bribes. After returning to the United States, Marshall won election to the U.S. House of Representatives and emerged as a leader of the Federalist Party in Congress. He was appointed secretary of state in 1800 after a cabinet shake-up, becoming an important figure in the Adams administration. 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 '' seriatim'' opinions, instead issuing a single majority opinion that elucidated a clear rule. The 1803 case of '' Marbury v. Madison'' presented the first major case heard by the Marshall Court. In his opinion for the court, Marshall upheld the principle of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, whereby courts could strike down federal and state laws if they conflicted with the Constitution. Marshall's holding avoided direct conflict with the executive branch, which was led by
Democratic-Republican The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
President
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
. By establishing the principle of judicial review while avoiding an inter-branch confrontation, Marshall helped implement the principle of
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...
and cement the position of the American judiciary as an independent and co-equal branch of government. 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 ''
Fletcher v. Peck ''Fletcher v. Peck'', 10 U.S. (6 Cranch) 87 (1810), was a landmark United States Supreme Court decision in which the Supreme Court first ruled a state law unconstitutional. The decision created a growing precedent for the sanctity of legal contra ...
'' and ''
Dartmouth College v. Woodward ''Trustees of Dartmouth College v. Woodward'', 17 U.S. (4 Wheat.) 518 (1819), was a landmark decision in United States corporate law from the United States Supreme Court dealing with the application of the Contracts Clause of the United State ...
'', the court invalidated state actions because they violated the
Contract Clause Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...
. The court's decision in '' McCulloch v. Maryland'' upheld the constitutionality of the Second Bank of the United States and established the principle that the states could not tax federal institutions. The cases of ''
Martin v. Hunter's Lessee ''Martin v. Hunter's Lessee'', 14 U.S. (1 Wheat.) 304 (1816), was a landmark decision of the Supreme Court of the United States decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civil ...
'' and '' Cohens v. Virginia'' established that the Supreme Court could hear appeals from state courts in both civil and criminal matters. Marshall's opinion in '' Gibbons v. Ogden'' established that the Commerce Clause bars states from restricting navigation. In the case of ''
Worcester v. Georgia ''Worcester v. Georgia'', 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from bei ...
'', Marshall held that the Georgia criminal statute that prohibited non- Native Americans from being present on Native American lands without a license from the state was unconstitutional. Marshall died in 1835, and
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
appointed
Roger Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
as his successor.


Early years (1755 to 1782)

Marshall was born on September 24, 1755, in a log cabin in
Germantown Germantown or German Town may refer to: Places Australia * Germantown, Queensland, a locality in the Cassowary Coast Region United States * Germantown, California, the former name of Artois, a census-designated place in Glenn County * G ...
, a rural community on the
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
frontier, near present-day Midland, Fauquier County. In the mid-1760s, the Marshalls moved northwest to the present-day site of Markham, Virginia.Paul (2018), pp. 11–12 His parents were Thomas Marshall and Mary Randolph Keith, the granddaughter of politician
Thomas Randolph of Tuckahoe Thomas Randolph (June 1683 – 1729), also known as Thomas Randolph of Tuckahoe, was the first European settler at Tuckahoe, a member of the House of Burgesses, and the second child of William Randolph and Mary Isham, daughter of Henry Isham ...
and a second cousin of U.S. President Thomas Jefferson. Despite her ancestry, Mary was shunned by the Randolph family because her mother, Mary Isham Randolph, had eloped with a man believed beneath her station in life. After his death, Mary Isham Randolph married James Keith, a Scottish minister. Thomas Marshall was employed in Fauquier County as a surveyor and land agent by Lord Fairfax, which provided him with a substantial income. Nonetheless, John Marshall grew up in a two-room log cabin, which he shared with his parents and several siblings; Marshall was the oldest of fifteen siblings. One of his younger brothers,
James Markham Marshall James Markham Marshall (March 12, 1764 – April 26, 1848) was an American lawyer, Revolutionary War soldier and planter who briefly served as United States circuit judge of the United States Circuit Court of the District of Columbia . Early l ...
, would briefly serve as a federal judge. Marshall was also a first cousin of U.S. Senator (Ky) Humphrey Marshall and first cousin, three times removed, of General of the Army George C. Marshall. From a young age, Marshall was noted for his good humor and black eyes, which were "strong and penetrating, beaming with intelligence and good nature". With the exception of one year of formal schooling, during which time he befriended future president James Monroe, Marshall did not receive a formal education. Encouraged by his parents, the young Marshall read widely, reading works such as
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
's ''
Commentaries on the Laws of England The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volum ...
'' and
Alexander Pope Alexander Pope (21 May 1688 O.S. – 30 May 1744) was an English poet, translator, and satirist of the Enlightenment era who is considered one of the most prominent English poets of the early 18th century. An exponent of Augustan literature, ...
's '' An Essay on Man''. He was also tutored by the Reverend James Thomson, a recently ordained deacon from Glasgow, Scotland, who resided with the Marshall family in return for his room and board. Marshall was especially influenced by his father, of whom he wrote, "to his care I am indebted for anything valuable which I may have acquired in my youth. He was my only intelligent companion; and was both a watchful parent and an affectionate friend." Thomas Marshall prospered in his work as a surveyor, and in the 1770s he purchased an estate known as Oak Hill. After the 1775 Battles of Lexington and Concord, Thomas and John Marshall volunteered for service in the
3rd Virginia Regiment The 3rd Virginia Regiment was raised on December 28, 1775, at Alexandria, Virginia, for service with the Continental Army. The 3rd Virginia's initial commander was Colonel Hugh Mercer, who was quickly promoted to brigadier general. Its second ...
. In 1776, Marshall became a lieutenant in the Eleventh Virginia Regiment of the Continental Army. During the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, he served in several battles, including the Battle of Brandywine, and endured the winter at Valley Forge. After he was furloughed in 1780, Marshall began attending the
College of William and Mary The College of William & Mary (officially The College of William and Mary in Virginia, abbreviated as William & Mary, W&M) is a public research university in Williamsburg, Virginia. Founded in 1693 by letters patent issued by King William ...
. Marshall read law under the famous Chancellor George Wythe at the
College of William and Mary The College of William & Mary (officially The College of William and Mary in Virginia, abbreviated as William & Mary, W&M) is a public research university in Williamsburg, Virginia. Founded in 1693 by letters patent issued by King William ...
, and he was admitted to the state bar in 1780. After briefly rejoining the Continental Army, Marshall won election to the
Virginia House of Delegates The Virginia House of Delegates is one of the two parts of the Virginia General Assembly, the other being the Senate of Virginia. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-number ...
in early 1782.


Early political career (1782 to 1797)

Upon joining the House of Delegates, Marshall aligned himself with members of the conservative
Tidewater Tidewater may refer to: * Tidewater (region), a geographic area of southeast Virginia, southern Maryland, and northeast North Carolina. ** Tidewater accent, an accent of American English associated with the Tidewater region of Virginia * Tidewater ...
establishment such as James Monroe and Richard Henry Lee. With the backing of his influential father-in-law, Marshall was elected to the Council of State, becoming the youngest individual up to that point to serve on the council. In 1785, Marshall took up the additional office of Recorder of the Richmond City Hustings Court. Meanwhile, Marshall sought to build up his own legal practice, a difficult proposition during a time of economic recession. In 1786, he purchased the law practice of his cousin, Edmund Randolph, after the latter was elected Governor of Virginia. Marshall gained a reputation as a talented attorney practicing in the state capital of
Richmond Richmond most often refers to: * Richmond, Virginia, the capital of Virginia, United States * Richmond, London, a part of London * Richmond, North Yorkshire, a town in England * Richmond, British Columbia, a city in Canada * Richmond, Californi ...
, and he took on a wide array of cases. He represented the heirs of Lord Fairfax in '' Hite v. Fairfax'' (1786), an important case involving a large tract of land in the Northern Neck of Virginia. Under the Articles of Confederation, the United States during the 1780s was a confederation of sovereign states with a weak national government that had little or no effective power to impose tariffs, regulate interstate commerce, or enforce laws. Influenced by Shays' Rebellion and the powerlessness of the Congress of the Confederation, Marshall came to believe in the necessity of a new governing structure that would replace the powerless national government established by the Articles of Confederation. He strongly favored ratification of the new constitution proposed by the
Philadelphia Convention The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention f ...
, as it provided for a much stronger federal government. Marshall was elected to the 1788 Virginia Ratifying Convention, where he worked with
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
to convince other delegates to ratify the new constitution. After a long debate, proponents of ratification emerged victorious, as the convention voted 89 to 79 to ratify the constitution. After the United States ratified the Constitution, newly elected President
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...
nominated Marshall as the United States Attorney for Virginia. Though the nomination was confirmed by the Senate, Marshall declined the position, instead choosing to focus on his own law practice. In the early 1790s, the Federalist Party and the
Democratic-Republican Party The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the earl ...
emerged as the country was polarized by issues such as the
French Revolutionary Wars The French Revolutionary Wars (french: Guerres de la Révolution française) were a series of sweeping military conflicts lasting from 1792 until 1802 and resulting from the French Revolution. They pitted France against Britain, Austria, Pruss ...
and the power of the presidency and the federal government. Marshall aligned with the Federalists, and at Alexander Hamilton's request, he organized a Federalist movement in Virginia to counter the influence of
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
's Democratic-Republicans. Like most other Federalists, Marshall favored neutrality in foreign affairs, high tariffs, a strong executive, and a standing military. In 1795, Washington asked Marshall to accept appointment as the
United States Attorney General The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
, but Marshall again declined the offer. He did, however, serve in a variety of roles for the state of Virginia during the 1790s, at one point acting as the state's interim Attorney General. In 1796, Marshall appeared before the Supreme Court of the United States in ''
Ware v. Hylton ''Ware v. Hylton'', 3 U.S. (3 Dall.) 199 (1796), also known as the British Debt Case, was a decision of the United States Supreme Court holding that treaties take precedence over state law under the U.S. Constitution. It was the first Supreme Cou ...
'', 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. 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.


Adams administration (1797 to 1801)


Diplomat

Vice President
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
, 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 France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
refused to meet with American envoys and began attacking American ships. In 1797, Marshall accepted appointment to a three-member commission to France that also included Charles Cotesworth Pinckney and Elbridge Gerry. 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. The Americans refused to negotiate on such terms, and Marshall and Pinckney eventually decided to return to the United States. Marshall left France in April 1798 and arrived in the United States two months later, receiving a warm welcome by Federalist members of Congress. During his time in France, Marshall and the other commissioners had sent secret correspondence to Adams and Secretary of State
Timothy Pickering Timothy Pickering (July 17, 1745January 29, 1829) was the third United States Secretary of State under Presidents George Washington and John Adams. He also represented Massachusetts in both houses of Congress as a member of the Federalist Pa ...
. 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 The XYZ Affair was a political and diplomatic episode in 1797 and 1798, early in the presidency of John Adams, involving a confrontation between the United States and Republican France that led to the Quasi-War. The name derives from the subs ...
. 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. 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."


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. 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 Patrick Henry (May 29, 1736June 6, 1799) was an American attorney, planter, politician and orator known for declaring to the Second Virginia Convention (1775): " Give me liberty, or give me death!" A Founding Father, he served as the first a ...
. During the campaign, Marshall declined appointment as an associate justice of the Supreme Court, and President Adams instead appointed Marshall's friend, Bushrod Washington. 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. 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.Smith (1998), pp. 258–259 His speech helped defeat a motion to censure President Adams for the extradition. In May 1800, President Adams nominated Marshall as Secretary of War, but the president quickly withdrew that nomination and instead nominated Marshall as Secretary of State. Marshall was confirmed by the Senate on May 13 and took office on June 6, 1800. Marshall's appointment as Secretary of State was preceded by a split between Adams and Hamilton, the latter of whom led a faction of Federalists who favored declaring war on France. Adams fired Secretary of State Timothy Pickering, a Hamilton supporter, after Pickering tried to undermine peace negotiations with France. Adams directed Marshall to bring an end to the Quasi-War and settle ongoing disputes with Britain,
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
, and the Barbary States. The position of Secretary of State also held a wide array of domestic responsibilities, including the deliverance of commissions of federal appointments and supervision of the construction of Washington, D.C. In October 1800, the United States and France agreed to the Convention of 1800, which ended the Quasi-War and reestablished commercial relations with France.


Nomination as Chief Justice

With the Federalists divided between Hamilton and Adams, the Democratic-Republicans emerged victorious in the
presidential election of 1800 The 1800 United States presidential election was the fourth quadrennial presidential election. It was held from October 31 to December 3, 1800. In what is sometimes called the "Revolution of 1800", Vice President Thomas Jefferson of the Democ ...
. However, Thomas Jefferson and Aaron Burr both received 73 electoral votes, throwing the election to the Federalist-controlled House of Representatives. Hamilton asked Marshall to support Jefferson, but Marshall declined to support either candidate. In the contingent election held to decide whether Jefferson or Burr would become president, each state delegation had a single vote. Under this rule, it turned out that neither party had a majority because some states had split delegations. Over the course of seven days, February 11–17, 1801, the House cast a total of 35 ballots, with Jefferson receiving the votes of eight state delegations each time, one short of the necessary majority of nine. On February 17, on the 36th ballot, Jefferson was elected as president. Burr became vice president. Had the deadlock lasted a couple weeks longer (through March 4 or beyond), Marshall, as Secretary of State, would have become acting president until a choice was made. 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.Stites (1981), pp. 77–80. In late 1800, Chief Justice Oliver Ellsworth resigned due to poor health. Adams nominated former Chief Justice
John Jay John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
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. Jay's letter of rejection arrived on January 20, 1801, less than two months before Jefferson would take office. 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." 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 arshallwas not privy to his own nomination". 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. Consequently, Marshall was charged with delivering judicial commissions to the individuals who had been appointed to the positions created by the Midnight Judges Act. Adams would later state that "my gift of John Marshall to the people of the United States was the proudest act of my life."


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. 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. 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. 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.


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 '' seriatim'' opinion) as was done in the Virginia Supreme Court of his day and is still done today in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
and
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
. Under Marshall, however, the Supreme Court adopted the practice of handing down a single majority opinion of the Court, allowing it to present a clear rule. The Court met in Washington only two months a year, from the first Monday in February through the second or third week in March. Six months of the year the justices were doing circuit duty in the various states. When the Court was in session in Washington, the justices boarded together in the same rooming house, avoided outside socializing, and discussed each case intently among themselves. Decisions were quickly made, usually in a matter of days. The justices did not have clerks, so they listened closely to the oral arguments, and decided among themselves what the decision should be. 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. 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". 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. Marshall regularly curbed his own viewpoints, preferring to arrive at decisions by consensus.. 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:
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.Currie (1992), pp. 152–155
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, to do the chores of locating the precedents, saying, "There, Story; that is the law of this case; now go and find the authorities."


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. 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. 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. On February 24, the Supreme Court announced its decision, which biographer Joel Richard Paul describes as "the single most significant constitutional decision issued by any court in American history." The Court held that Madison was legally bound to deliver Marbury's commission, and that Marbury had the right to sue Madison. Yet the Court also held that it could not order Madison to deliver the commission because the Judiciary Act of 1789 had unconstitutionally expanded the Court's
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Su ...
to include writs of mandamus, a type of court order that commands a government official to perform an act they are legally required to perform. Because that portion of the Judiciary Act of 1789 was unconstitutional, the Court held that it did not have original jurisdiction over the case even while simultaneously holding that Madison had violated the law. ''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 Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, 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."Paul (2018), p. 257 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. 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. 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''.


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. As a witness in the Senate's impeachment trial, Marshall defended Chase's actions. In March 1805, the Senate voted to acquit Chase, as several Democratic-Republican senators joined with their Federalist colleagues in refusing to remove Chase. The acquittal helped further establish the independence of the federal judiciary. 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.


Burr conspiracy trial

Vice President Aaron Burr was not renominated by his party in the 1804 presidential election and his term as vice president ended in 1805. After leaving office, Burr traveled to the western United States, where he may have entertained plans to establish an independent republic from Mexican or American territories. In 1807, Burr was arrested and charged for
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, and Marshall presided over the subsequent trial. Marshall required Jefferson to turn over his correspondence with General James Wilkinson; Jefferson decided to release the documents, but argued that he was not compelled to do so under the doctrine of executive privilege. During the trial, Marshall ruled that much of the evidence that the government had amassed against Burr was inadmissible; biographer Joel Richard Paul states that Marshall effectively "directed the jury to acquit Burr." After Burr was acquitted, Democratic-Republicans, including President Jefferson, attacked Marshall for his role in the trial.


''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 ''Fletcher v. Peck'', 10 U.S. (6 Cranch) 87 (1810), was a landmark United States Supreme Court decision in which the Supreme Court first ruled a state law unconstitutional. The decision created a growing precedent for the sanctity of legal contra ...
''. 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 Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to kee ...
. 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." ''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.


''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 Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore was ...
, 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. Writing for the Court, Marshall held that Congress had the power to charter the national bank. 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." "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." 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. 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.


''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. 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.


''Gibbons v. Ogden''

In 1808, Robert R. Livingston and
Robert Fulton Robert Fulton (November 14, 1765 – February 24, 1815) was an American engineer and inventor who is widely credited with developing the world's first commercially successful steamboat, the (also known as ''Clermont''). In 1807, that steambo ...
secured a monopoly from the state of New York for the navigation of steamboats in state waters. Fulton granted a license to Aaron Ogden and Thomas Gibbons to operate steamboats in New York, but the partnership between Ogden and Gibbons collapsed. Gibbons continued to operate steamboats in New York after receiving a federal license to operate steamboats in the waters of any state. In response, Ogden won a judgment in state court that ordered Gibbons to cease operations in the state. Gibbons appealed to the Supreme Court, which heard the case of '' Gibbons v. Ogden'' in 1824. Representing Gibbons, Congressman Daniel Webster and Attorney General William Wirt (acting in a non-governmental capacity) argued that Congress had the exclusive power to regulate commerce, while Ogden's attorneys contended that the Constitution did not prohibit states from restricting navigation. 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. Newspapers in both the Northern states and the Southern states hailed the decision as a blow against monopolies and the restraint of trade.


Jackson administration

Marshall personally opposed the presidential candidacy of
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
, 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. 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. After Jackson took office in 1829, he clashed with the Supreme Court, especially with regards to his administration's policy of Indian removal. In the 1823 case of ''
Johnson v. M'Intosh ''Johnson v. M'Intosh'', 21 U.S. (7 Wheat.) 543 (1823), is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall, th ...
'', the Marshall Court had established the supremacy of the federal government in dealing with Native American tribes. In the late 1820s, the state of Georgia stepped up efforts to assert its control over the
Cherokee The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, th ...
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 ''Cherokee Nation v. Georgia'', 30 U.S. (5 Pet.) 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but ...
'' in 1831. 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. 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 Samuel Austin Worcester (January 19, 1798 – April 20, 1859), was an American missionary to the Cherokee, translator of the Bible, printer, and defender of the Cherokee sovereignty. He collaborated with Elias Boudinot (Cherokee) in Georgia ...
, 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. On March 3, 1832, Marshall delivered the opinion of the Court in the case of ''
Worcester v. Georgia ''Worcester v. Georgia'', 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from bei ...
''. The Court's holding overturned the conviction and the state law, holding that the state of Georgia had improperly exercised control over the Cherokee. It is often reported that in response to the ''Worcester'' decision President
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
declared "John Marshall has made his decision; now let him enforce it!" More reputable sources recognize this as a false quotation. 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 Wilson Lumpkin (January 14, 1783 – December 28, 1870) was an American planter, attorney, and politician. He served two terms as the governor of Georgia, from 1831 to 1835, in the period of Indian Removal of the Creek and Cherokee peoples to I ...
to pardon the missionaries.


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." In ''
Martin v. Hunter's Lessee ''Martin v. Hunter's Lessee'', 14 U.S. (1 Wheat.) 304 (1816), was a landmark decision of the Supreme Court of the United States decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civil ...
'', 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. In ''
Dartmouth College v. Woodward ''Trustees of Dartmouth College v. Woodward'', 17 U.S. (4 Wheat.) 518 (1819), was a landmark decision in United States corporate law from the United States Supreme Court dealing with the application of the Contracts Clause of the United State ...
'', the Court held that the protections of the Contract Clause apply to private corporations. 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 Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...
. In his separate opinion, Marshall argued that the state bankruptcy law violated the Contract Clause. In ''
Barron v. Baltimore ''Barron v. Baltimore'', 32 U.S. (7 Pet.) 243 (1833), is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law. The Court ruled that the Bill of Rights did not apply to the stat ...
'', the Court held that the Bill of Rights was intended to apply only to the federal government, and not to the states. 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. 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.'' 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." The Abridgment was not published until 1838, three years after Marshall died.


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 James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
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, Marshall mainly spoke to promote the necessity of an independent judiciary.


Death

In 1831, the 76-year-old chief justice traveled to
Philadelphia, Pennsylvania Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Since ...
, where he underwent an operation to remove
bladder stones A bladder stone is a stone found in the urinary bladder. Signs and symptoms Bladder stones are small mineral deposits that can form in the bladder. In most cases bladder stones develop when the urine becomes very concentrated or when one is d ...
. That December, his wife Polly died in Richmond. In early 1835, Marshall again traveled to Philadelphia for medical treatment, where he died on July 6, 1835, at the age of 79, having served as Chief Justice for over 34 years. The Liberty Bell was rung following his death—a widespread story claims that this was when the bell cracked, never to be rung again. Unbeknownst to Marshall, his eldest son,
Thomas Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the A ...
, 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 his dying father's side.Thayer, James Bradley, "John Marshall," ''The Atlantic Monthly'', March 1901 (retrieved Dec. 18, 2022).
/ref> Marshall's body was returned to Richmond and buried next to Polly's in Shockoe Hill Cemetery. The inscription on his tombstone, engraved exactly as he had wished, reads as follows: Marshall was among the last remaining Founding Fathers (a group poetically called the "
Last of the Romans The term Last of the Romans ( la, Ultimus Romanorum) has historically been used to describe a person thought to embody the values of ancient Roman civilization – values which, by implication, became extinct on his death. It has been used to d ...
"), the last surviving Cabinet member from the John Adams administration and the last Cabinet member to have served in the 18th century. In December 1835, President
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
nominated
Roger Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...
to fill the vacancy for chief justice.


Slavery

Marshall believed that slavery was an evil, opposed the Atlantic slave trade, and feared increasing Southern focus on
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
would fracture the Union, as ultimately occurred; however, he owned slaves for most of his life. 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 Marshall's Richmond household and upon Marshall's death 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. 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 Robert Pleasants (1723–1801) was an American educator and abolitionist. He was born in Henrico County, Virginia and became a plantation owner and operator of Robert Pleasants & Co., a consignment tobacco exporting company. His father, John Pleasa ...
, 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. In 1796, Marshall also personally emancipated Peter, a black man he had purchased.Rudko at p. 78 Furthermore, Marshall in 1822 signed an emancipation certificate for Jasper Graham, manumitted by the will of John Graham. 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 Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
. 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. 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. 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). Recent biographer and editor of Marshall's papers, Charles F. Hobson, noted that multitudes of scholars dating back to Albert Beveridge and Irwin S. Rhodes understated the number of slaves Marshall owned by counting only his household slaves in Richmond, and often ignored even the slaves at "Chickahominy Farm" in Henrico County, which Marshall used as a retreat. Moreover, Marshall had received the family's Oak Hill thousand-acre plantation (farmed by enslaved labor) in Fauquier County from his father when Thomas Marshall moved to Kentucky, inherited it in 1802, and in 1819 entrusted its operation to his son Thomas Marshall. 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. Eventually, that led to the Supreme Court's decision in ''
Martin v. Hunter's Lessee ''Martin v. Hunter's Lessee'', 14 U.S. (1 Wheat.) 304 (1816), was a landmark decision of the Supreme Court of the United States decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civil ...
'' (1816), from which Chief Justice Marshall recused himself as an interested party (but which made him wealthy). 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. 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. 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.). Finkelman has repeatedly suggested that Marshall's substantial slave holdings may have influenced him to render judicial decisions in favor of slave owners.


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 married Mary (1767–1831) on January 3, 1783, in the home of her cousin, John Ambler. They had 10 children; six of whom survived to adulthood. Between the births of son Jaquelin Ambler in 1787 and daughter Mary in 1795, Polly Marshall suffered two miscarriages and lost two infants, which affected her health during the rest of her life. The Marshalls had six children who survived until adulthood:
Thomas Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the A ...
(who would eventually serve in the Virginia House of Delegates), Jaquelin, Mary, James, and Edward. Marshall loved his Richmond home, built in 1790, and spent as much time there as possible in quiet contentment.
National Park Service The National Park Service (NPS) is an agency of the United States federal government within the U.S. Department of the Interior that manages all national parks, most national monuments, and other natural, historical, and recreational properti ...

''"The Great Chief Justice" at Home,'' Teaching with Historic Places (TwHP) lesson plan
/ref> After his father's death in 1803, Marshall inherited the Oak Hill estate, where he and his family also spent time. For approximately three months each year, Marshall lived in Washington during the Court's annual term, boarding with Justice Story during his final years at the Ringgold-Carroll House. Marshall also left Virginia for several weeks each year to serve on the circuit court in
Raleigh, North Carolina Raleigh (; ) is the capital city of the state of North Carolina and the seat of Wake County in the United States. It is the second-most populous city in North Carolina, after Charlotte. Raleigh is the tenth-most populous city in the Sout ...
. From 1810 to 1813, he also maintained the
D. S. Tavern D. S. Tavern, also known as the 1740 House, is a historic tavern located at Ivy, Albemarle County, Virginia. The building dates to the late 18th to early 19th century. It is a two-story, single pile, log and frame I-house, covered in beaded weath ...
property in Albemarle County, Virginia. 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, and in some of his opinions referred to a deist "Creator of all things." He was an active Freemason and served as Grand Master of Masons in Virginia in 1794–1795 of the Most Worshipful Grand Lodge of Ancient, Free, and Accepted Masons of the Commonwealth of Virginia. While in Richmond, Marshall attended St. John's Church on Church Hill until 1814 when he led the movement to hire Robert Mills as architect of Monumental Church, which was near his home and rebuilt to commemorate 72 people who died in a theater fire. The Marshall family occupied Monumental Church's pew No. 23 and entertained the Marquis de Lafayette there during his visit to Richmond in 1824. Other notable relatives of Marshall include first cousin U.S. Senator (Ky) Humphrey Marshall,
Thomas Francis Marshall Thomas Francis Marshall (June 7, 1801 – September 22, 1864) was a politician and lawyer from Kentucky. He was the nephew of John Marshall. Early life and family Thomas Marshall was born June 7, 1801, in Frankfort, Kentucky."Marshall, Thomas Fr ...
, Confederate Army colonel Charles Marshall, and first cousin, three times removed, General of the Army George C. Marshall.


Impact and legacy

The three chief justices that had preceded Marshall:
John Jay John Jay (December 12, 1745 – May 17, 1829) was an American statesman, patriot, diplomat, abolitionist, signatory of the Treaty of Paris, and a Founding Father of the United States. He served as the second governor of New York and the f ...
, John Rutledge, and Oliver Ellsworth, had left little permanent mark beyond setting up the forms of office. The Supreme Court, like many state supreme courts, was a minor organ of government. In his 34-year tenure, Marshall gave it the energy, weight, and dignity of what many would say is a third co-equal branch of the U.S. government. With his associate justices, especially Joseph Story, William Johnson, and Bushrod Washington, Marshall's Court brought to life the constitutional standards of the new nation. Marshall used Federalist approaches to build a strong federal government over the opposition of the Jeffersonian Republicans, who wanted stronger state governments. 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. Many commentators have written concerning Marshall's contributions to the theory and practice of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
. 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 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 Bruce Arnold Ackerman (born August 19, 1943) is an American constitutional law scholar. He is a Sterling Professor at Yale Law School. In 2010, he was named by '' Foreign Policy'' magazine to its list of top global thinkers. Ackerman was also a ...
and Jeremy Waldron. 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. The University of Virginia placed many volumes of Marshall's papers online as a searchable digital edition. The
Library of Congress The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The libra ...
maintains the John Marshall papers which Senator Albert Beveridge used while compiling his biography of the chief justice a century ago. The Special Collections Research Center at the
College of William & Mary The College of William & Mary (officially The College of William and Mary in Virginia, abbreviated as William & Mary, W&M) is a public research university in Williamsburg, Virginia. Founded in 1693 by letters patent issued by King William I ...
holds other John Marshall papers in its Special Collections.


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. Additionally, his birthplace in Fauquier County, Virginia has been preserved as the
John Marshall Birthplace Park John Marshall Birthplace Park is a small park located in the historic Germantown area in southern Fauquier County, Virginia. The park provides access to a dedication monument at or near the birthplace of John Marshall. Description The park cons ...
. 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. (
William McKinley William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until his assassination in 1901. As a politician he led a realignment that made his Republican Party largely dominant in t ...
replaced Marshall on the $500 bill in 1928.) Examples of both notes are available for viewing on the Federal Reserve Bank of San Francisco website. Marshall was also featured on a commemorative silver dollar in 2005. In 1955, the
United States Postal Service The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the ...
released the 40¢
Liberty Issue The Liberty issue was a definitive series of postage stamps issued by the United States between 1954 and 1965. It offered twenty-four denominations, ranging from a half-cent issue showing Benjamin Franklin to a five dollar issue depicting Alexa ...
postage stamp honoring him. '' 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 The United States Capitol, often called The Capitol or the Capitol Building, is the seat of the legislative branch of the United States federal government, which is formally known as the United States Congress. It is located on Capitol Hill at ...
, it was sculpted by
William Wetmore Story William Wetmore Story (February 12, 1819 – October 7, 1895) was an American sculptor, art critic, poet, and editor. Life and career William Wetmore Story was the son of jurist Joseph Story and Sarah Waldo (Wetmore) Story. He graduated from ...
. His father, Joseph Story, had served on the Supreme Court with Marshall. Another casting of the statue is located at the north end of
John Marshall Park John Marshall Park is a park located in the Judiciary Square neighborhood of Washington, D.C. The park is in honor of John Marshall, a U.S. Representative (1799-1800), Secretary of State (1800-1801), and the fourth Chief Justice of the Supreme C ...
in Washington D.C. (the sculpture '' The Chess Players'', commemorating Marshall's love for the game of
chess Chess is a board game for two players, called White and Black, each controlling an army of chess pieces in their color, with the objective to checkmate the opponent's king. It is sometimes called international chess or Western chess to dist ...
, is located on the east side of the park), and a third is situated on the grounds of the Philadelphia Museum of Art.
Marshall, Michigan Marshall is a U.S. city in Michigan. It is the county seat of Calhoun County. The population was 7,088 at the 2010 census. Marshall is best known for its cross-section of 19th- and early 20th-century architecture. It has been referred to b ...
, was named in his honor five years before Marshall's death. It was the first of dozens of communities and counties named for him.City of Marshall, Michigan
/ref> Marshall County, Kentucky, Marshall County, Illinois, Marshall County, Indiana,
Marshall County, Iowa Marshall County is a county located in the U.S. state of Iowa. As of the 2020 census, the population was 40,105. The county seat is Marshalltown. The county was formed on January 13, 1846, and named after John Marshall, Chief Justice of the U ...
, and Marshall County, West Virginia, are also named in his honor. Marshall College, named in honor of Chief Justice Marshall, officially opened in 1836. After a merger with Franklin College in 1853, the school was renamed as
Franklin and Marshall College Franklin & Marshall College (F&M) is a private liberal arts college in Lancaster, Pennsylvania. It employs 175 full-time faculty members and has a student body of approximately 2,400 full-time students. It was founded upon the merger of Frankli ...
and relocated to Lancaster, Pennsylvania.
Marshall University Marshall University is a public research university in Huntington, West Virginia. It was founded in 1837 and is named after John Marshall, the fourth Chief Justice of the United States. The university is currently composed of nine colleges ...
,
Cleveland–Marshall College of Law Cleveland State University College of Law is the law school of Cleveland State University, a public research university in Cleveland, Ohio. The school traces its origins to Cleveland Law School (founded in 1897), which merged in 1946 with the Joh ...
,
John Marshall Law School (Atlanta) Atlanta's John Marshall Law School (AJMLS) is a private for-profit law school in Atlanta, Georgia. It was founded in 1933 and named for John Marshall, the fourth chief justice of the Supreme Court of the United States. AJMLS is accredited by th ...
, and formerly, the John Marshall Law School (now the University of Illinois Chicago School of Law) are or were also named for Marshall. 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. The university board of trustees acknowledged that "newly discovered research","UIC renaming John Marshall Law School"
by Stefano Esposito, ''Chicago Sun-Times'', May 21, 2021. Retrieved May 21, 2021.
uncovered by historian Paul Finkelman,"Editorial: A law school discounts John Marshall’s positive legacy"
''Chicago Tribune'', May 25, 2021. Retrieved May 26, 2021.
had revealed that Marshall was a slave trader and owner who practised "pro-slavery jurisprudence", which was deemed inappropriate for the school's namesake. Numerous elementary, middle/junior high, and high schools around the nation have been named for him. The John Marshall commemorative dollar was minted in 2005.


See also

* List of justices of the Supreme Court of the United States *
List of United States Supreme Court cases by the Marshall Court This is a partial chronological list of cases decided by the United States Supreme Court during the Marshall Court, the tenure of Chief Justice John Marshall John Marshall (September 24, 1755July 6, 1835) was an American politician and l ...
* Discovery doctrine


Notes


References


Works cited

* * Finkelman, Paul (2016). * * * * * * * * * * *


Further reading


Secondary sources

* * * Beveridge, Albert J. ''The Life of John Marshall'', in 4 volumes (Boston:
Houghton Mifflin Co. Houghton Mifflin Harcourt (; HMH) is an American publisher of textbooks, instructional technology materials, assessments, reference works, and fiction and non-fiction for both young readers and adults. The company is based in the Boston Financ ...
, 1919), winner of the Pulitzer Prize
Volume IVolume II

Volume III
an
Volume IV
at
Internet Archive The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music, ...
. * * *
online Edition
at
Project Gutenberg Project Gutenberg (PG) is a volunteer effort to digitize and archive cultural works, as well as to "encourage the creation and distribution of eBooks." It was founded in 1971 by American writer Michael S. Hart and is the oldest digital libr ...
* * * * * * * * * * * * * * * *


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
an
Volume 2
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. 1Vol. 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 University of North Carolina Press for the Omohundro Institute of Early American History and Culture; the standard scholarly edition; most recent volume
online guide
''Vol XII: Correspondence, Papers, and Selected Judicial Opinions, January 1831 – July 1835, with Addendum, June 1783 – January 1829.'' (2006) . * 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.)
Table of Contents
* 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 versio
Character, and Services of Chief Justice John Marshall A Discourse Pronounced October 15, 1835 At the Request of the Suffolk Bar''
in the second edition of Story's Miscellaneous Writings pp. 639–697. * Story, Joseph, ed., (1891 – reprint of th
1837 edition)''Writings of John Marshall, late Chief Justice of the United States, upon the Federal Constitution'', at
Internet Archive The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music, ...


External links

* *
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)
* * *
The John Marshall Foundation
Richmond, Virginia
John Marshall Papers, 1755–1835
at The College of William & Mary *
National Park Service The National Park Service (NPS) is an agency of the United States federal government within the U.S. Department of the Interior that manages all national parks, most national monuments, and other natural, historical, and recreational properti ...

''"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

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