John Marshall

John Marshall (September 24, 1755 – July 6, 1835) was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power. Marshall was Chief Justice of the United States, serving from February 4, 1801, until his death in 1835. He served in the United States House of Representatives from March 4, 1799, to June 7, 1800, and, under President John Adams, was Secretary of State from June 6, 1800, to March 4, 1801. Marshall was from the Commonwealth of Virginia and a leader of the Federalist Party.

The longest serving Chief Justice in Supreme Court history, Marshall dominated the Court for over three decades (a term outliving his own Federalist Party) and played a significant role in the development of the American legal system. Most notably, he established that the courts are entitled to exercise judicial review, the power to strike down laws that violate the Constitution. Thus, Marshall has been credited with cementing the position of the judiciary as an independent and influential branch of government. Furthermore, Marshall made several important decisions relating to Federalism, shaping the balance of power between the federal government and the states during the early years of the republic. In particular, he repeatedly confirmed the supremacy of federal law over state law and supported an expansive reading of the enumerated powers.

=The Marshall Court= It was in 1801 that Marshall embarked upon the most important work of his life, that of leading the Supreme Court of the United States. On January 20 of that year, President Adams nominated him to replace Oliver Ellsworth as Chief Justice. Adams had first offered the seat to ex-Chief Justice John Jay, who declined on the grounds that the Court lacked "energy, weight, and dignity." Marshall was unanimously confirmed by the United States Senate on January 27 and took office on February 4. However, he continued to serve as Secretary of State until President Adams' term expired on March 4.

Soon after becoming Chief Justice, Marshall revolutionized the manner in which the Supreme Court announced its decisions. Previously, each Justice would author a separate opinion (known as a seriatim opinion), as is still done in the 20th and 21st centuries in such jurisdictions as the United Kingdom and Australia. Under Marshall, however, the Supreme Court adopted the practice of handing down a single opinion of the Court. As Marshall was almost always the author of this opinion, he essentially became the Court's sole mouthpiece in important cases. His forceful personality allowed him to dominate his fellow Justices; only once did he find himself on the losing side. (The case of Ogden v. Saunders, in 1827, was the sole constitutional case in which he dissented from the majority.)

The first important case of Marshall's career was Marbury v. Madison (1803), in which the Supreme Court invalidated a provision of the Judiciary Act of 1789 on the grounds that it violated the Constitution by attempting to expand the original jurisdiction of the Supreme Court. Marbury was the first case in which the Supreme Court ruled an act of Congress unconstitutional; it firmly established the doctrine of judicial review. The Court's decision was opposed by President Thomas Jefferson, who lamented that this doctrine made the Constitution "a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please."

In 1807, he presided, with Judge Cyrus Griffin, at the great state trial of former Vice President Aaron Burr, who was charged with treason and misdemeanor. Prior to the trial, President Jefferson condemned Burr and strongly supported conviction. Marshall, however, narrowly construed the definition of treason provided in Article III of the Constitution; he noted that the prosecution had failed to prove that Burr had committed an "overt act," as the Constitution required. As a result, the jury acquitted the defendant, leading to increased animosity between the President and the Chief Justice.

During the 1810s and 1820s, Marshall made a series of decisions involving the balance of power between the federal government and the states, where he repeatedly affirmed federal supremacy. For example, he established in McCulloch v. Maryland (1819) that states could not tax federal institutions and upheld congressional authority to create the Second Bank of the United States, even though the authority to do this was not expressly stated in the Constitution. Also, in Cohens v. Virginia (1821), he established that the Federal judiciary could hear appeals from decisions of state courts in criminal cases as well as the civil cases over which the court had asserted jurisdiction in Martin v. Hunter's Lessee (1816). Justices Bushrod Washington and Joseph Story proved to be his strongest allies in these cases, whereas Smith Thompson was a strong opponent to Marshall.