John Marshall: Definer of A Nation
Description
John Marshall is almost universally recognized as the greatest chief justice of the US Supreme Court and is ranked among 12 others as the "great" justices of the Court. That reputation is based on his development of constitutional doctrine and the role of the court in the federal system. He was under constant attack by Thomas Jefferson and the radical Jeffersonians at a time when his enemies controlled the Congress and the White House. His major modern biographer called him the "Definer of A Nation." The program reviews Marshall's life and explains his thinking, and hence the foundation for our traditions of a constitutional court independent from political forces.
Essay
Disputes about the role of federal judges generally, and the U.S. Supreme Court specifically, began almost immediately after the Courts began to operate in 1789. Those debates have continued unabated and have risen to fresh prominence in contemporary social and political discourse. Many participants in the debate don't know or have forgotten the lessons of history regarding the relationship of the federal courts to society and to the other branches of the national and state governments. Crucial to that history, is a truly formative period from 1801 to 1835 when John Marshall was the Chief Justice of the United States Supreme Court. In spite of Marshall's admitted greatness and importance, little is known outside legal circles about the man and his views.
The political and legal history of the first decade of the constitutional era (1789–1800) is significant in laying the foundation for what was to come. John Marshall was a prominent moderate in an era of radical political parties. He had served in the legislative branches of both the Virginia and the National Government and served at the cabinet level in the Adams Administration. That experience combined with attitudes he developed as a Revolutionary War veteran and as a citizen of his state and nation led to his understanding of the Constitution and, hence, his view of the role of the judiciary. The shifting political tides brought severe critics of the judiciary to power, led by Jefferson in 1801 as Marshall took control of the Supreme Court; those opposing forces would control the White House for all but four years of the 34 years Marshall served on the Court. Notwithstanding the appointment, over those years, of nine of ten justices to the Court by the political forces opposing a strong, independent judiciary, Marshall was able to persuade a constant majority of the Court to support his view of the Constitution and the Court.
The presentation places the current disputes over the Court in the larger historical context of the substantially similar disputes in the early 1800's. Marshall's life and views are developed from the vantage point of his resolution of those historic disputes for his times. The resolutions are explained in terms of Marshall's logic and the experiences that convinced him that his solutions were practical.
The alternative approaches of Marshall's time do not differ greatly from those offered today. Those alternatives are developed in the context of the great contest between Jefferson and Marshall over States' Rights. These giants of their time battled over a period spanning the Virginia Ratification debates in 1788 to the death of Jefferson in 1826. The battle became deeply personal for both men, a condition which was uncharacteristic of Marshall who maintained good relationships with almost everyone.
The audience is asked to evaluate Marshall's vision of the Constitution and the Court for modern times. Contemporary criticism of the Court and Justices provide the raw material for such an evaluation.
