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
And this difference in the point of view of the judiciary connotes a
general difference of outlook which makes itself felt today even in that
field where Marshall wrought most enduringly. The Constitution was
established under the sway of the idea of the balance of power, and with
the purpose of effecting a compromise among a variety of more or less
antagonistic interests, some of which were identified with the cause of
local autonomy, others of which coalesced with the cause of National
Supremacy. The Nation and the States were regarded as competitive
forces, and a condition of tension between them was thought to be not
only normal but desirable. The modern point of view is very different.
Local differences have to a great extent disappeared, and that general
interest which is the same for all the States is an ever deepening one.
The idea of the competition of the States with the Nation is yielding to
that of their coöperation in public service. And it is much the same
with the relation of the three departments of Government. The notion
that they have antagonistic interests to guard is giving way to the
perception of a general interest guarded by all according to their
several faculties. In brief, whereas it was the original effort of the
Constitution to preserve a somewhat complex set of values by nice
differentiations of power, the present tendency, born of a surer vision
of a single national welfare, is toward the participation of all powers
in a joint effort for a common end.
But though Marshall's work has been superseded at many points, there is
no fame among American statesmen more strongly bulwarked by great and
still vital institutions. Marshall established judicial review; he
imparted to an ancient legal tradition a new significance; he made his
Court one of the great political forces of the country; he founded
American Constitutional Law; he formulated, more tellingly than any one
else and for a people whose thought was permeated with legalism, the
principles on which the integrity and ordered growth of their Nation
have depended. Springing from the twin rootage of Magna Charta and the
Declaration of Independence, his judicial statesmanship finds no
parallel in the salient features of its achievement outside our own
annals.
BIBLIOGRAPHICAL NOTE
All accounts of Marshall's career previous to his appointment as Chief
Justice have been superseded by Albert J. Beveridge's two admirable
volumes, The Life of John Marshall (Boston, 1916). The author paints on
a large canvas and with notable skill. His work is history as well as
biography. His ample plan enables him to quote liberally from Marshall's
writings and from all the really valuable first-hand sources. Both text
and notes are valuable repositories of material. Beveridge has
substantially completed a third volume covering the first decade of
Marshall's chief-justiceship, and the entire work will probably run to
five volumes.
Public-domain text, read in full here on John Shaqi.
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