The life work of John Marshall is intimately blended with the
Constitution. He ranked high as a soldier, legislator, diplomat,
historian, and statesman. As a jurist and magistrate, he ranks
first. For 34 years he served as Chief Justice of the Supreme
Court of the United States, leaving a record for constructive
results in the Government of the United States second only to
that of Washington.
Soldier. - He began the study of law at the age of 18 years,
but soon left his studies to enter the Revolutionary Army. His
experiences, with their heroisms and hardships, "broadened
his views and quickened his insight in governmental questions."
He said, "I entered the Army a Virginian and left it an
American."
Member of assembly. - After the war he was elected a member of
the Virginia Assembly. During his remarkable career he served
in the legislature for eight sessions. He continually emphasized
his conviction that for efficiency a strong central government
was necessary.
Ratification of the Constitution. - As a member of the State
convention, in 1788, which met to discuss the ratification of
the Constitution of the United States, through the power of his
convincing logic, the ratification of the Constitution was accomplished
over the determined opposition of its enemies.
Member of Congress. - At the urgent request of Washington, he
became a candidate and was elected to Congress, where he became
the greatest debater on constitutional questions.
Interpretation of the Constitution. - In 1829, through his wisdom
and moderation, he did much to prevent radical changes in the
State constitution of Virginia, thwarting the attempts of politicians
against the independence of the judiciary. Because of his exceptional
understanding of the philosophy of the Constitution of the United
States, his counsel was of prime importance.
His deep convictions and illuminating arguments contained in
his decisions concerning constitutional questions, at a period
when the powers of the Constitution were ill defined, were of
inestimable value in the formation of a well-organized Federal
Government. "He made the Constitution live. He imparted
to it the breath of immortality. Its vigorous life at the present
time is due mainly to the wise interpretation he gave to its
provisions during his term of office."
The most notable products of Marshall's unprecedented judicial
career may be summed up under two heads In the first place, he
established the supremacy of Federal law within the entire circle
of its jurisdiction, no matter whether it was opposed by the
Congress or by a State legislature in the form of unconstitutional
enactments, or by the President giving "instructions not
warranted by law"; or by State supreme courts attempting
to resist the mandates of the Supreme Court; or by the governors
of States attempting to resist such mandates; in the second place,
in defining the character of "the American Constitution."
- Origin and Growth of the American Constitution - Hannis Taylor. |