Jonah Patel
John Marshall, born in 1755 in Virginia, was the fourth chief justice of the U.S. Supreme Court. He served as a soldier in the American Revolution and worked with George Washington, leaving the Continental Army with the rank of captain in 1781. Marshall studied law at the College of William and Mary and passed the Virginia bar in 1780. He worked with James Madison at the Virginia Ratifying Convention in 1788 in support of the new Constitution. Marshall was a leader of the Federalist Party in Virginia and served as the state's interim Attorney General in the 1790s. He was appointed chief justice in 1801 and served for 34 years, during which he expanded the role of the national government and limited the reach of the First Amendment. Marshall is known for his contributions to the theory and practice of judicial review, with his most significant case being Marbury v. Madison, which established the Supreme Court's power of judicial review.
| Characteristics | Values |
|---|---|
| Date and place of birth | 24 September 1755, Germantown, Virginia |
| Parents | Thomas and Mary Marshall (née Keith) |
| Number of siblings | 14 |
| Education | Largely self-educated; briefly attended the College of William and Mary |
| Military service | Soldier in the American Revolution, worked with George Washington, held the rank of captain |
| Political career | Served in the Virginia House of Delegates, Recorder for the Richmond City Hustings Court, supported the new Constitution, declined appointments as U.S. Attorney for Virginia and Attorney General, served as a Federalist leader in the state legislature |
| Judicial career | Chief Justice of the U.S. Supreme Court (1801-1835), expanded the role of the national government, limited the reach of the First Amendment, asserted the Supreme Court's authority to determine the constitutionality of laws |
| Notable cases | Marbury v. Madison, McCulloch v. Maryland, Barron v. Baltimore |
| Death | 6 July 1835, Philadelphia, Pennsylvania |
Explore related products
$38.63 $47.99
What You'll Learn
John Marshall's role in shaping the US Constitution
John Marshall, born in 1755 in Germantown, Virginia, was the fourth chief justice of the United States and is regarded as one of the most influential justices ever to serve. He is also considered a Founding Father of the US and the principal founder of the US system of constitutional law.
Marshall's career was marked by increasing stature at the bar of Virginia and within Virginia politics. In 1787, he was elected to the legislature that would take the first step toward the ratification of the new Constitution of the United States by issuing a call for a convention in Virginia to consider ratifying. He was also elected as a delegate to the convention, where he defended the judiciary article. Marshall's popularity helped gain or build the narrow margin by which Virginia's ratification of the Constitution was won.
Marshall served as the US Secretary of State under President John Adams and as a US Representative from Virginia before being appointed chief justice by President Adams in 1801. As chief justice, Marshall participated in more than 1,000 decisions, writing more than 500 of them himself. He served under five presidents over the next three decades, including his political rival Thomas Jefferson.
Marshall's tenure as chief justice was marked by a vast expansion of the role of the national government and a broad interpretation of the legislative, executive, and judicial powers enumerated in the Constitution. He believed that federal powers, though limited, were supreme within their sphere and should be interpreted expansively to achieve the great ends of government. Marshall's rulings reshaped American government, making the Supreme Court the final arbiter of constitutional interpretation. He also established the Supreme Court's power of judicial review, or the ability to declare laws unconstitutional.
James Monroe's Signature: The US Constitution Connection
You may want to see also
Marshall's career in Virginia politics
John Marshall was born in Germantown, Virginia, in 1755. He was the eldest of 15 children. He briefly attended a series of law lectures at the College of William and Mary and passed the Virginia bar in 1780. He joined the Continental Army, serving in numerous battles, including the Battle of Brandywine, and endured the winter at Valley Forge.
In 1796, Marshall appeared before the Supreme Court of the United States in Ware v. Hylton, 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 state power, but the Supreme Court ruled against him, holding that the debts had to be collected under the Treaty of Paris and the Supremacy Clause of the Constitution.
Marshall declined appointments as U.S. attorney for Virginia and state attorney general offered by President Washington in 1789 and 1795, respectively. However, he returned to the state legislature as a leader of the emerging Federalist Party in Virginia. He was a U.S. Representative from Virginia and served as Secretary of State under President John Adams before becoming Chief Justice of the United States in 1801.
Marshall performed one last service to the commonwealth in 1829-1830 when he joined James Monroe and James Madison as a delegate to the Virginia constitutional convention.
Who Signed the Constitution? Polk, Tyler, and the US Founding
You may want to see also
Marshall's work as a Founding Father
John Marshall, born in 1755 in Virginia, was the fourth Chief Justice of the United States and played a crucial role as a Founding Father in shaping the nation's legal and political landscape. He is renowned for his contributions to the theory and practice of judicial review and the development of American constitutional law.
One of Marshall's most significant contributions as a Founding Father was his role in establishing the Supreme Court's power of judicial review. In the landmark case of Marbury v. Madison (1803), Marshall asserted the Supreme Court's authority to determine the constitutionality of laws, declaring that "it is emphatically the province and duty of the judicial department to say what the law is." This case not only solidified the Supreme Court's role in interpreting the Constitution but also set a precedent for checking executive power.
Marshall also expanded the role of the national government during his tenure as Chief Justice. In McCulloch v. Maryland (1819), he upheld the constitutionality of the national bank and interpreted the "necessary and proper" clause of the Constitution broadly, granting Congress additional "implied powers." This decision further strengthened the federal government's authority relative to the states.
Marshall's influence extended beyond the courtroom as well. He served in various political roles, including working with George Washington and emerging as an influential advocate for the Federalist Party. He was also one of three U.S. envoys tasked with resolving a diplomatic crisis with France in 1797, demonstrating his diplomatic skills and commitment to the nation's interests.
In summary, John Marshall's work as a Founding Father was characterised by his dedication to the Constitution, the establishment of judicial review, the expansion of federal power, and his contributions to shaping the political landscape through his legal and diplomatic endeavours. His efforts laid the groundwork for the development of American constitutional law and the strengthening of the federal government's role.
James Madison's Signature: The Constitution's Founding Father
You may want to see also
Explore related products
Marshall's tenure as Chief Justice
John Marshall, the fourth Chief Justice of the United States, served on the Supreme Court for 34 years from 1801 to 1835. He is considered to be the greatest jurist to fill the role of Chief Justice and is the longest-serving Chief Justice in the history of the Supreme Court.
During his tenure, Marshall participated in more than 1,000 decisions, writing more than 500 of them himself. He is known for vastly expanding the role of the national government and limiting the reach of the First Amendment and other provisions of the Bill of Rights to actions of the national government. Marshall also broadly interpreted the legislative, executive, and judicial powers that the founders had enumerated in the Constitution.
Marshall's first great case was Marbury v. Madison in 1803, which established the Supreme Court's right to expound on constitutional law and exercise judicial review by declaring laws unconstitutional. In this case, Marshall asserted the power of judicial review by upholding the Court's power to invalidate laws as unconstitutional. He famously stated that "it is emphatically the province and duty of the judicial department to say what the law is."
Another significant case during Marshall's tenure was McCulloch v. Maryland in 1819, which upheld the constitutionality of the national bank. In this case, Marshall broadly interpreted the "necessary and proper" clause of Article 1, Section 8 of the Constitution, believing that it provided the basis for additional "implied powers" belonging to Congress. He also affirmed that the First Amendment and other provisions of the Bill of Rights were intended to limit only the national government, rather than the states.
Gouverneur Morris: Constitution Signer or Not?
You may want to see also
Marshall's influence on the Supreme Court
John Marshall, the fourth chief justice of the United States, served on the Supreme Court for 34 years from 1801 until his death in 1835. He is widely regarded as one of the most influential justices in the Court's history.
Marshall's tenure as chief justice was marked by a significant expansion of the role of the national government and a corresponding limitation of states' rights. He interpreted the Constitution broadly, asserting that it provided the basis for additional "implied powers" to be held by Congress. In the case of McCulloch v. Maryland (1819), Marshall upheld the constitutionality of the national bank, arguing that the "necessary and proper" clause of Article 1, Section 8 of the Constitution granted Congress these implied powers. He also established that states did not have the power to tax federal institutions, as this would frustrate the exercise of Congress's legitimate powers.
Marshall also played a key role in establishing the Supreme Court's power of judicial review, or its authority to invalidate laws as unconstitutional. In the landmark case of Marbury v. Madison (1803), the Supreme Court, guided by Marshall, asserted its right to exercise judicial review by declaring laws unconstitutional. Marshall's opinion in this case also helped to cement the principle of separation of powers and the independence of the judiciary as a co-equal branch of government.
Marshall's influence extended beyond the courtroom and into the political sphere. He was a leader of the Federalist Party in Virginia and actively worked to counter the influence of Thomas Jefferson's Democratic-Republican Party. Marshall also personally opposed the presidential candidacy of Andrew Jackson, whom he viewed as a dangerous demagogue.
Marshall's opinions and interpretations of the Constitution have had a lasting impact on American law and governance. His ideas were later used to justify the expansion of federal government power in the nineteenth and twentieth centuries. His contributions to the theory and practice of judicial review have been widely recognized and debated, with some scholars defending his principles and others criticizing them.
Who Signed the Constitution? Understanding the Founding Fathers' Legacy
You may want to see also
Frequently asked questions
No, John Marshall did not sign the Constitution. However, he was an active, if junior, proponent of the new Constitution of the United States in the closely contested fight for ratification.
John Marshall was the fourth chief justice of the US Supreme Court. He served on the Supreme Court for 34 years, from 1801 to 1835, and is considered one of the most honored members in the court's history.
John Marshall is known for his contributions to the theory and practice of judicial review. He asserted the Supreme Court's authority to determine the constitutionality of the nation's laws and shaped the judicial branch into a powerful force in the US government. He also expanded the role of the national government and limited the reach of the First Amendment.
