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
Marshall's services in behalf of the Constitution in the closely fought
battle for ratification which took place in the Virginia Convention are
only partially disclosed in the pages of Elliot's Debates. He was
already coming to be regarded as one excellent in council as well as in
formal discussion, and his democratic manners and personal popularity
with all classes were a pronounced asset for any cause he chose to
espouse. Marshall's part on the floor of the Convention was, of course,
much less conspicuous than that of either Madison or Randolph, but in
the second rank of the Constitution's defenders, including men like
Corbin, Nicholas, and Pendleton, he stood foremost. His remarks were
naturally shaped first of all to meet the immediate necessities of the
occasion, but now and then they foreshadow views of a more enduring
value. For example, he met a favorite contention of the opposition by
saying that arguments based on the assumption that necessary powers
would be abused were arguments against government in general and "a
recommendation of anarchy." To Henry's despairing cry that the proposed
system lacked checks, he replied: "What has become of his enthusiastic
eulogium of the American spirit? We should find a check and control,
when oppressed, from that source. In this country there is no exclusive
personal stock of interest. The interest of the community is blended and
inseparably connected with that of the individual.... When we consult
the common good, we consult our own." And when Henry argued that a
vigorous union was unnecessary because "we are separated by the sea from
the powers of Europe," Marshall replied: "Sir, the sea makes them
neighbors of us."
It is worthy of note that Marshall gave his greatest attention to the
judiciary article as it appeared in the proposed Constitution. He
pointed out that the principle of judicial independence was here better
safeguarded than in the Constitution of Virginia. He stated in one
breath the principle of judicial review and the doctrine of enumerated
powers. If, said he, Congress "make a law not warranted by any of the
powers enumerated, it would be considered by the judges as an
infringement of the Constitution which they are to guard; they would not
consider such a law as coming within their jurisdiction. They would
declare it void." ¹ On the other hand, Marshall scoffed at the idea that
the citizen of a State might bring an original action against another
State in the Supreme Court. His dissections of Mason's and Henry's
arguments frequently exhibit controversial skill of a high order. From
Henry, indeed, Marshall drew a notable tribute to his talent, which was
at the same time proof of his ability to keep friends with his enemies.
Public-domain text, read in full here on John Shaqi.
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