Changes

His [[activist judge|influential]] rulings reshaped American government, making the Supreme Court the final arbiter of the Constitution, with power to overrule the president, Congress, the states, and all lower courts. He fought to protect the rights of individuals and corporations against intrusive state governments. Marshall, along with [[Daniel Webster]] (who argued some of the cases), was the leading conservative of the day, expressive Federalist approaches to build a strong nation over the opposition of [[Thomas Jefferson]] and the democratic republicans, who wanted stronger state governments.  

His [[activist judge|influential]] rulings reshaped American government, making the Supreme Court the final arbiter of the Constitution, with power to overrule the president, Congress, the states, and all lower courts. He fought to protect the rights of individuals and corporations against intrusive state governments. Marshall, along with [[Daniel Webster]] (who argued some of the cases), was the leading conservative of the day, expressive Federalist approaches to build a strong nation over the opposition of [[Thomas Jefferson]] and the democratic republicans, who wanted stronger state governments.  

Marshall's most important rulings include: ''[[Cohens v. Virginia]]'', ''[[Flecher v. Peck]]'', ''[[Gibbons v. Ogden]]'', ''[[Marbury v. Madison]]'', ''[[McCulloch v. Maryland]]'', ''[[Trustees of Dartmouth College v. Woodward]]'', and ''[[Worcester v. Georgia]]''.  

Marshall's most important rulings include: ''[[Cohens v. Virginia]]'', ''[[Fletcher v. Peck]]'', ''[[Gibbons v. Ogden]]'', ''[[Marbury v. Madison]]'', ''[[McCulloch v. Maryland]]'', ''[[Dartmouth College v. Woodward|Trustees of Dartmouth College v. Woodward]]'', and ''[[Worcester v. Georgia]]''.  

Some of his decisions were unpopular;  [[Andrew Jackson]] went so far as to completely ignore the ruling of ''Worcester v. Georgia'', for example. Nevertheless Marshall set a great precedent in American politics by being able to balance out the branches of government, and the states and the federal power, providing the rule of law that still prevails.  

Some of his decisions were unpopular;  [[Andrew Jackson]] went so far as to completely ignore the ruling of ''Worcester v. Georgia'', for example. Nevertheless Marshall set a great precedent in American politics by being able to balance out the branches of government, and the states and the federal power, providing the rule of law that still prevails.  

==Life==

==Life==

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 [[Sir William Blackstone|Blackstone]]'s ''Commentaries,'' which was transforming the study of English law.

[[Image:MARSHALL.JPG|thumb|200px|left]]

[[Image:MARSHALL.JPG|thumb|200px|left]]

===McCulloch v. Maryland===

===McCulloch v. Maryland===

McCulloch v. Maryland, (1819) was perhaps Marshall's greatest single judicial performance. While consistent with Marbury v. Madison, cuts the other way and prevents states from passing laws that violate the national Constitution. It was not allowed for a state to tax a federal body.  The heart of this opinion is the famous statement, "We must never forget that it is a constitution we are expounding." Marshall laid down the basic theory of implied powers under a written Constitution; a written, but a living, Constitution, intended, as he said "to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs ... ." Marshall envisaged a federal government which, although governed by timeless principles, possessed the plenary powers "on which the welfare of a nation essentially depends." It would be free in its choice of means, not tied to a literal interpretation of the Constitution, and open to change and growth.

[[McCulloch v. Maryland]], (1819) was perhaps Marshall's greatest single judicial performance. While consistent with Marbury v. Madison, cuts the other way and prevents states from passing laws that violate the national Constitution. It was not allowed for a state to tax a federal body.  The heart of this opinion is the famous statement, "We must never forget that it is a constitution we are expounding." Marshall laid down the basic theory of implied powers under a written Constitution; a written, but a living, Constitution, intended, as he said "to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs ... ." Marshall envisaged a federal government which, although governed by timeless principles, possessed the plenary powers "on which the welfare of a nation essentially depends." It would be free in its choice of means, not tied to a literal interpretation of the Constitution, and open to change and growth.

===Cohens v. Virginia===

===Cohens v. Virginia===

Cohens v. Virginia (1821) displayed  Marshall's nationalism as he enforced the supremacy of federal law over conflicting state law and overturned the Virginia supreme court. The decision means the federal judiciary can act directly on private parties and state officials, and has the power to declare and impose on the states the Constitution and federal laws.

[[Cohens v. Virginia]] (1821) displayed  Marshall's nationalism as he enforced the supremacy of federal law over conflicting state law and overturned the Virginia supreme court. The decision means the federal judiciary can act directly on private parties and state officials, and has the power to declare and impose on the states the Constitution and federal laws.

===Gibbons v. Ogden===

===Gibbons v. Ogden===

Gibbons v. Ogden (1824) overturned a monopoly granted by the New York state legislature to certain steamships operating between New York and New Jersey. In empowering Congress to regulate interstate commerce, the Constitution automatically deprived the states of the power to obstruct interstate commerce in order to serve their own interests. The long-term impact was ending many state-granted monopolies and promoting free enterprise.  

[[Gibbons v. Ogden]] (1824) overturned a monopoly granted by the New York state legislature to certain steamships operating between New York and New Jersey. In empowering Congress to regulate interstate commerce, the Constitution automatically deprived the states of the power to obstruct interstate commerce in order to serve their own interests. The long-term impact was ending many state-granted monopolies and promoting free enterprise.  

===Opposition===

===Opposition===