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
From the outset Marshall ranged himself on the side of that party in the
Virginia Legislature which, under the leadership of Madison, demanded
with growing insistence a general and radical constitutional reform
designed at once to strengthen the national power and to curtail state
legislative power. His attitude was determined not only by his sympathy
for the sufferings of his former comrades in arms and by his veneration
for his father and for Washington, who were of the same party, but also
by his military experience, which had rendered the pretensions of state
sovereignty ridiculous in his eyes. Local discontent came to a head in
the autumn of 1786 with the outbreak of Shays's Rebellion in western
Massachusetts. Marshall, along with the great body of public men of the
day, conceived for the movement the gravest alarm, and the more so since
he considered it as the natural culmination of prevailing tendencies. In
a letter to James Wilkinson early in 1787, he wrote: "These violent ...
dissensions in a State I had thought inferior in wisdom and virtue to no
one in our Union, added to the strong tendency which the politics of
many eminent characters among ourselves have to promote private and
public dishonesty, cast a deep shade over that bright prospect which the
Revolution in America and the establishment of our free governments had
opened to the votaries of liberty throughout the globe. I fear, and
there is no opinion more degrading to the dignity of man, that those
have truth on their side who say that man is incapable of governing
himself."
Marshall accordingly championed the adoption of the Constitution of 1787
quite as much because of its provisions for diminishing the legislative
powers of the States in the interest of private rights as because of its
provisions for augmenting the powers of the General Government. His
attitude is revealed, for instance, in the opening words of his first
speech on the floor of the Virginia Convention, to which he had been
chosen a member from Richmond: "Mr. Chairman, I conceive that the object
of the discussion now before us is whether democracy or despotism be
most eligible.... The supporters of the Constitution claim the title of
being firm friends of liberty and the rights of man.... We prefer this
system because we think it a well-regulated democracy.... What are the
favorite maxims of democracy? A strict observance of justice and public
faith.... Would to Heaven that these principles had been observed under
the present government. Had this been the case the friends of liberty
would not be willing now to part with it." The point of view which
Marshall here assumed was obviously the same as that from which Madison,
Hamilton, Wilson, and others on the floor of the Federal Convention had
freely predicted that republican liberty must disappear from the earth
unless the abuses of it practiced in many of the States could be
eliminated.
Public-domain text, read in full here on John Shaqi.
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