John Marshall
John Marshall
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Full Name and Common Aliases
John Marshall was born on September 24, 1755, in Fauquier County, Virginia. He is commonly referred to as "The Great Chief Justice" due to his significant contributions to the development of American law.
Birth and Death Dates
Born: September 24, 1755
Died: July 6, 1835
Nationality and Profession(s)
Marshall was an American lawyer, jurist, and statesman who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He is widely regarded as one of the most influential figures in American legal history.
Early Life and Background
John Marshall was born to Thomas Marshall, a planter, and Mary Randolph Keith. His family was of Welsh descent and had been living in Virginia for several generations. Marshall received a classical education at the College of William & Mary, where he studied law and graduated in 1775. He began his career as a lawyer and quickly gained recognition for his exceptional skills.
Major Accomplishments
Marshall's most notable contributions to American law include:
The Supreme Court's role: Marshall played a crucial role in establishing the Supreme Court as the highest authority on matters of federal law.
Judicial review: In the landmark case _Marbury v. Madison_ (1803), Marshall established the principle of judicial review, which allows the Supreme Court to declare laws and government actions unconstitutional.
Federalist interpretation: Marshall's opinions often reflected his commitment to a strong central government and limited states' rights, aligning with the Federalist Party's ideology.Notable Works or Actions
Marshall was involved in several notable cases during his tenure as Chief Justice. Some of these include:
_Marbury v. Madison_ (1803): Marshall established judicial review and asserted the Supreme Court's authority.
_McCulloch v. Maryland_ (1819): Marshall upheld Congress's power to charter a national bank, establishing the principle of implied powers.
_Dartmouth College v. Woodward_ (1819): Marshall ruled that contracts between states and private entities are protected by the Constitution.
Impact and Legacy
John Marshall's impact on American law and politics is immense:
Establishment of judicial review: Marshall's decision in _Marbury v. Madison_ has had a lasting effect on the balance of power between the executive, legislative, and judicial branches.
Federalist interpretation: Marshall's opinions often reflected his commitment to a strong central government and limited states' rights, influencing American politics for generations.
Supreme Court's authority: Marshall's leadership helped establish the Supreme Court as the highest authority on matters of federal law.Why They Are Widely Quoted or Remembered
John Marshall is widely quoted or remembered due to his significant contributions to American law and politics:
Influence on judicial review: Marshall's decision in _Marbury v. Madison_ has had a lasting impact on the balance of power between branches.
* Federalist interpretation: His opinions often reflected his commitment to a strong central government, influencing American politics for generations.
Marshall's legacy continues to shape American law and politics today. His commitment to a strong central government and limited states' rights remains a topic of debate among scholars and policymakers alike.
Quotes by John Marshall
John Marshall's insights on:
When a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights. The people can act only by their agents and, within the powers conferred upon them, their acts must be considered as the acts of the people.
To listen well is as powerful a means of communication and influence as to talk well.
The people made the Constitution, and the people can unmake it. It is the creature of their own will, and lives only by their will.
The government of the Union, then, ... is, emphatically, and truly, a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
Between a balanced republic and a democracy, the difference is like that between order and chaos.
To obtain a just compromise, concession must not only mutual-it must be equal also....There can be no hope that either will yield more than it gets in return.
The federal government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it . . . is now universally admitted.
My gift of John Marshall to the people of the United States was the proudest act of my life. There is no act of my life on which I reflect with more pleasure. I have given to my country a judge equal to a Hole, Holt, or a Mansfield.
The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.
The power to tax involves the power to destroy;...the power to destroy may defeat and render useless the power to create....