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Line 39: + + + + − At the last minute (January 1801) Adams appointed a series of federal judges (the "Midnight Judges") including Marshall as chief justice of the United States. The three previous chief justices had left little permanent mark beyond setting up the forms of office. The Supreme Court, like the state supreme courts, was a minor organ of government. In his 34 year tenure Marshall made it a third coequal branch, which it remains today. With his associate justices, especially [[Joseph Story]], William Johnson, and Bushrod Washington, Marshall's Court defined the constitutional standards of the new nation. The great work of the Marshall Court was done in a handful of great cases: Marbury v. Madison, 1 Cranch 137; McCulloch v. Maryland, 4 Wheat. 316; Cohens v. Virginia, 6 Wheat. 264; Gibbons v. Ogden, 9 Wheat 1; and a few others.+
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During his thirty-four years as head of the [[Supreme Court]] he judged over 1,100 cases, 519 of which he wrote the rulings for.<ref> Paul Johnson, ''A History of the American People,'' (1988) page 237</ref> Marshall was in the dissenting minority only eight times throughout his tenure at the court because of his control over the associate justices. As one observer at the time noted, Marshall had the knack of "putting his own ideas into the minds of others, unconsciously to them"<ref> George Gibbs, ''Memoirs of the Administrations of Washington and John Adams,'' (1846), vol. II, p. 350</ref>
During his thirty-four years as head of the [[Supreme Court]] he judged over 1,100 cases, 519 of which he wrote the rulings for.<ref> Paul Johnson, ''A History of the American People,'' (1988) page 237</ref> Marshall was in the dissenting minority only eight times throughout his tenure at the court because of his control over the associate justices. As one observer at the time noted, Marshall had the knack of "putting his own ideas into the minds of others, unconsciously to them"<ref> George Gibbs, ''Memoirs of the Administrations of Washington and John Adams,'' (1846), vol. II, p. 350</ref>
Marshall had charm, humor, a quick intelligence, and the ability to bring men together. Above all, he had patriotism, sincerity and presence that commanded attention His opinions were workmanlike but not eloquent in style or subtle; and his learning in the law was not deep. What distinguished him was the force of his intellect, steadfast purpose, and a confident vision of the future greatness he wanted his nation to achieve; these qualities are seen in his historic decisions and gave him the sobriquet, ''The Great Chief Justice''.
Marshall had charm, humor, a quick intelligence, and the ability to bring men together. Above all, he had patriotism, sincerity and presence that commanded attention His opinions were workmanlike but not eloquent in style or subtle; and his learning in the law was not deep. What distinguished him was the force of his intellect, steadfast purpose, and a confident vision of the future greatness he wanted his nation to achieve; these qualities are seen in his historic decisions and gave him the sobriquet, ''The Great Chief Justice''.
Marshall was born in a cabin on the Virginia frontier, near Germantown, in Fauquier County. He was always something of a backwoodsman and nature lover. His father Thomas Marshall was of Welsh descent and rose steadily in wealth and political prominence, serving as county sheriff, Anglican vestryman and delegate to the colonial legislature. His mother belonged to the powerful and prominent Randolph family, which included his second cousin and political adversary [[Thomas Jefferson]]. John had 14 younger siblings.
Marshall was born in a cabin on the Virginia frontier, near Germantown, in Fauquier County. He was always something of a backwoodsman and nature lover. His father Thomas Marshall was of Welsh descent and rose steadily in wealth and political prominence, serving as county sheriff, Anglican vestryman and delegate to the colonial legislature. His mother belonged to the powerful and prominent Randolph family, which included his second cousin and political adversary [[Thomas Jefferson]]. John had 14 younger siblings.
Marshall was home-schooled, and showed a special interest in the works of poet [[Alexander Pope]], and, later in life, political theorist [[Edmund Burke]], and market-oriented economist [[Adam Smith]]. By age 17 Marshall was reading Blackstone's ''Commentaries,'' which was transforming the study of English law.
Marshall was home-schooled, and showed a special interest in the works of poet [[Alexander Pope]], and, later in life, political theorist [[Edmund Burke]], and market-oriented economist [[Adam Smith]]. By age 17 Marshall was reading Blackstone's ''Commentaries,'' which was transforming the study of English law.
[[Image:MARSHALL.JPG|thumb|200px|left]]
After military service in the [[American Revolution]] he attended six weeks of lectures from George Wythe at William and Mary College. In 1780, he was admitted to the bar; in 1782 he was elected to the Virginia House of Delegates in Richmond, where he sat, with interruptions, for the next 15 years. He married Mary Willis Ambler and became a leader of the Virginia bar.
After military service in the [[American Revolution]] he attended six weeks of lectures from George Wythe at William and Mary College. In 1780, he was admitted to the bar; in 1782 he was elected to the Virginia House of Delegates in Richmond, where he sat, with interruptions, for the next 15 years. He married Mary Willis Ambler and became a leader of the Virginia bar.
He was a leader in the 1788 Virginia convention that, after an intense struggle, ratified the proposed U.S. Constitution. Marshall worked closely with [[James Madison]], against the anti-Federalists led by [[Patrick Henry]]. In the early 1790s as Treasury Secretary [[Alexander Hamilton]] was building alliances with state and local leaders, Marshall became leader of the [[Federalist Party]] in the state. He declined to serve as [[George Washington]]'s attorney generalship. In 1797 President [[John Adams]] appointed him to a delegation that went to France seeking peace, but was humiliated in the [[XYZ Affair]]. In 1799 Marshall was elected to Congress and in May 1800 he became secretary of state for Adams.
He was a leader in the 1788 Virginia convention that, after an intense struggle, ratified the proposed U.S. Constitution. Marshall worked closely with [[James Madison]], against the anti-Federalists led by [[Patrick Henry]]. In the early 1790s as Treasury Secretary [[Alexander Hamilton]] was building alliances with state and local leaders, Marshall became leader of the [[Federalist Party]] in the state. He declined to serve as [[George Washington]]'s attorney generalship. In 1797 President [[John Adams]] appointed him to a delegation that went to France seeking peace, but was humiliated in the [[XYZ Affair]]. In 1799 Marshall was elected to Congress and in May 1800 he became secretary of state for Adams.
==Chief Justice ==
==Chief Justice ==
At the last minute (January 1801) Adams appointed a series of federal judges (the "Midnight Judges") including Marshall as chief justice of the United States. The three previous chief justices had left little permanent mark beyond setting up the forms of office. The Supreme Court, like the state supreme courts, was a minor organ of government. In his 34 year tenure Marshall made it a third coequal branch, which it remains today. With his associate justices, especially [[Joseph Story]], William Johnson, and Bushrod Washington, Marshall's Court defined the constitutional standards of the new nation. The great work of the Marshall Court was done in a handful of great cases: Marbury v. Madison, 1 Cranch 137; McCulloch v. Maryland, 4 Wheat. 316; Cohens v. Virginia, 6 Wheat. 264; Gibbons v. Ogden, 9 Wheat 1; and a few others.
[[Image:MARSHALL-COURT.JPG|thumb|400px]]
[[Image:MARSHALL-COURT.JPG|thumb|400px]]
===Marbury v. Madison===
===Marbury v. Madison===
[[Marbury v. Madison]], decided in 1803, ruled for the government (that is, Madison), by deciding a minor law passed by Congress was unconstitutional. Ironically what was unconstitutional was Congress' granting a certain power o the Supreme Court itself. The case allowed Marshall to proclaim the doctrine of judicial review, which reserves to the Supreme Court final authority to judge whether or not actions of the president or of the Congress are within the powers granted to them by the Constitution. The Constitution itself is the supreme law, and when the Court believes that a specific law or action is in violation of it, the Court must uphold the Constitution and set aside that other law or action. The Constitution does not explicitly give judicial review to the Court, and Jefferson was very angry with Marshall's position, for Jefferson, president at the time, wanted the president to decide whether his acts were constitutional or not. Historians mostly agree that the Founding Fathers Constitution did plan for the Supreme Court to have some sort of judicial review; what Marshall did was make operationalize their goals. Judicial review was not new and Marshall himself mentioned it in the Virginia ratifying convention of 1788. Marshall's opinion expressed and fixed in the American tradition and legal system a more basic theory, '''government under law'''. That i, judicial review means a government in which no person (not even the president) and no institution (not even Congress), nor even a majority of voters, may freely work their will in violation of the written Constitution. Marshall himself never declared another act of Congress or of a president unconstitutional.
[[Marbury v. Madison]], decided in 1803, ruled for the government (that is, Madison), by deciding a minor law passed by Congress was unconstitutional. Ironically what was unconstitutional was Congress' granting a certain power o the Supreme Court itself. The case allowed Marshall to proclaim the doctrine of judicial review, which reserves to the Supreme Court final authority to judge whether or not actions of the president or of the Congress are within the powers granted to them by the Constitution. The Constitution itself is the supreme law, and when the Court believes that a specific law or action is in violation of it, the Court must uphold the Constitution and set aside that other law or action. The Constitution does not explicitly give judicial review to the Court, and Jefferson was very angry with Marshall's position, for Jefferson, president at the time, wanted the president to decide whether his acts were constitutional or not. Historians mostly agree that the Founding Fathers Constitution did plan for the Supreme Court to have some sort of judicial review; what Marshall did was make operationalize their goals. Judicial review was not new and Marshall himself mentioned it in the Virginia ratifying convention of 1788. Marshall's opinion expressed and fixed in the American tradition and legal system a more basic theory, '''government under law'''. That i, judicial review means a government in which no person (not even the president) and no institution (not even Congress), nor even a majority of voters, may freely work their will in violation of the written Constitution. Marshall himself never declared another act of Congress or of a president unconstitutional.