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
Was it coincidence or something more that during Marshall's incumbency
Virginia paid her one and only tribute to the impartiality of the
Supreme Court while Burr's acquittal was still vivid in the minds of
all? Or was it due to the fact that "the Great Lama of the Little
Mountain"--to use Marshall's disrespectful appellation for
Jefferson--had not yet converted the Virginia Court of Appeals into the
angry oracle of his own unrelenting hatred of the Chief Justice?
Whatever the reason, within five years Virginia's attitude had again
shifted, and she had become once more what she had been in 1798-99, the
rallying point of the forces of Confederation and State Rights.
CHAPTER V
The Tenets Of Nationalism
"John Marshall stands in history as one of that small group of men who
have founded States. He was a nation-maker, a state-builder. His
monument is in the history of the United States and his name is written
upon the Constitution of his country." So spoke Senator Lodge, on John
Marshall Day, February 4, 1901. "I should feel a ... doubt," declared
Justice Holmes on the same occasion, "whether, after Hamilton and the
Constitution itself, Marshall's work proved more than a strong
intellect, a good style, personal ascendancy in his court, courage,
justice, and the convictions of his party." Both these divergent
estimates of the great Chief Justice have their value. It is well to be
reminded that Marshall's task lay within the four corners of the
Constitution, whose purposes he did not originate, especially since no
one would have been quicker than himself to disown praise implying
anything different. None the less it was no ordinary skill and courage
which, assisted by great office, gave enduring definition to the
purposes of the Constitution at the very time when the whole trend of
public opinion was setting in most strongly against them. It must not be
forgotten that Hamilton, whose name Justice Holmes invokes in his
somewhat too grudging encomium of Marshall, had pronounced the
Constitution "a frail and worthless fabric."
Public-domain text, read in full here on John Shaqi.
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