John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
A few months later, in consequence of the Administration's vigorous
measures against nullification in South Carolina, things were
temporarily wearing a brighter aspect. Yet that the fundamental elements
of the situation had been thereby altered, Marshall did not believe. "To
men who think as you and I do," he wrote Story, toward the end of 1834,
"the present is gloomy enough; and the future presents no cheering
prospect. In the South ... those who support the Executive do not
support the Government. They sustain the personal power of the
President, but labor incessantly to impair the legitimate powers of the
Government. Those who oppose the rash and violent measures of the
Executive ... are generally the bitter enemies of Constitutional
Government. Many of them are the avowed advocates of a league; and those
who do not go the whole length, go a great part of the way. What can we
hope for in such circumstances?"
Yet there was one respect in which the significance of Marshall's
achievement must have been as clear to himself as it was to his
contemporaries. He had failed for the time being to establish his
definition of national power, it is true, but he had made the Supreme
Court one of the great political forces of the country. The very
ferocity with which the pretensions of the Court were assailed in
certain quarters was indirect proof of its power, but there was also
direct testimony of a high order. In 1830 Alexis de Tocqueville, the
French statesman, visited the United States just as the rough frontier
democracy was coming into its own. Only through the Supreme Court, in
his opinion, were the forces of renewal and growth thus liberated to be
kept within the bounds set by existing institutions. "The peace, the
prosperity, and the very existence of the Union," he wrote, "are vested
in the hands of the seven Federal judges. Without them the Constitution
would be a dead letter: the Executive appeals to them for assistance
against the encroachments of the legislative power; the Legislature
demands their protection against the assaults of the Executive; they
defend the Union from the disobedience of the States, the States from
the exaggerated claims of the Union, the public interest against private
interests and the conservative spirit of stability against the
fickleness of the democracy." The contrast between these observations
and the disheartened words in which Jay declined renomination to the
chief justiceship in 1801 gives perhaps a fair measure of Marshall's
accomplishment.
Public-domain text, read in full here on John Shaqi.
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