John Marshall
|
|
JohnMarshall.jpg
John Marshall (September 24, 1755–July 6, 1835), Chief Justice of the United States and principal founder of American constitutional law and the Supreme Court of the United States' power of judicial review.
He was born at Germantown (now Midland) in Fauquier County, Virginia. A member of the Culpepper Minutemen early in the American Revolutionary War, he entered the Third Virginia Continental Regiment on July 30, 1776 and served ably in a number of important campaigns, rising to Captain. He became a lawyer after the war, serving his state as a leader in the Assembly and in the new Federalist Party. He attracted attention from national leaders, and was offered several diplomatic posts, but preferred to remain in Virginia. In 1797, however, he accepted an appointment on a three-man commission to negotiate with France. After French leaders demanded personal bribes (see XYZ Affair) in return for engaging in the negotiations, Marshall answered for his colleagues in a brilliant memorial which rejected this extortion and upheld the honor and dignity of the new country.
Later, Marshall was asked by John Adams to be an Associate Justice of the Supreme Court, but instead Marshall opted to run for a position in Congress. He was elected in 1799, but Adams appointed Marshall as Secretary of State on June 6, 1800. Here he strongly opposed violations of American rights on the high seas and adopted a policy which necessitated a strong Navy to give force to American diplomatic protests.
Appointed Chief Justice on January 20, 1801, Marshall continued to serve as Secretary of State until the end of Adams' administration March 4, 1801. In the United States Supreme Court, Marshall made his greatest contributions to the development of American government. In a series of historic decisions, he established the judiciary as an independent and influential branch of the government equal to Congress and the Presidency. Perhaps the most significant of these cases was that of Marbury v. Madison, in which the principle of judicial review was simply stated by Marshall: "A legislative act contrary to the Constitution is not law." Then, as the young nation was endangered by regional and local interests which often threatened to tear it to shreds, Marshall again and again interpreted the Constitution broadly so that the Federal Government had the power to become a respected and creative force guiding and encouraging the nation's growth. For practical purposes, the Constitution in its most important aspects today is the Constitution as John Marshall interpreted it. As Chief Justice he embodied the majesty of the Judicial Branch of the government as fully as the President stood for the power of the Executive Branch. Marshall served as Chief Justice through five presidential administrations, a stalwart proponent of Federalism and nemesis of the Jeffersonian school of government throughout its heyday. He died July 6, 1835, having served as Chief Justice for nearly 35 years. This makes Marshall the longest-serving Chief Justice of the United States in history.
John_Marshall.JPG
Legacy
Marshall wrote several important Supreme Court opinions, including:
- Hite v. Fairfax (1786)
- Marbury v. Madison (1803)
- Fletcher v. Peck (1816)
- McCulloch v. Maryland (1819)
- Dartmouth College v. Woodward (1819)
- Cohens v. Virginia (1821)
- Gibbons v. Ogden (1824)
Namesake of Marshall University of Huntington, West Virginia. Namesake of John Marshall Law School of Chicago, Illinois. Namesake of John Marshall High School in Glen Dale, West Virginia. Namesake of John Marshall High School in Los Angeles.
Marshall's home in Richmond, Virginia has been preserved by the Association for the Preservation of Virginia Antiquities.
| Preceded by: Timothy Pickering | United States Secretary of State June 13, 1800 – February 4, 1801 | Succeeded by: James Madison |
| Preceded by: Oliver Ellsworth | Chief Justice of the United States February 4, 1801 – July 6, 1835 | Succeeded by: Roger B. Taney |