The Great John Marshall, Part 4
Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
The Great John Marshall, Part 3
There has been a effort in the law schools—and at times in the Supreme Court—to appropriate Marshall as a model for liberal activism.
The Great John Marshall, Part 2
Modern accounts of the XYZ affair are bad enough, but they do not begin to capture the insulting nature of the repeated French demands.
The Great John Marshall: Part 1
John Marshall helped secure adoption of the Constitution.
John Marshall Refuted Claims that the Feds Have “Inherent Sovereign Authority”
Chief Justice John Marshall refuted “inherent sovereign authority” claims.
Chief Justice John Marshall: Not the Big Government Guy You Might Think
Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of […]
Struggling With Nullification
Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you define “nullification.” It also depends on what you mean by “right” and what kind of document you understand the Constitution to be. In other words, it depends on your premises. Unfortunately, people often discuss—and debate, […]
Did the Founders expect the Courts to Declare Laws Unconstitutional?
Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts to void laws they found unconstitutional. The clear answer is “yes.” During the colonial era, each colony was governed by its charter, which was a kind of constitution for the colony. Colonial laws in violation […]
The greatly misunderstood Chief Justice John Marshall
One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist whose decisions are good precedent for the modern federal monster state. Marshall was the fourth chief justice of the U.S. Supreme Court (third, if you don’t count John Rutledge, a recess appointment who was never […]
