The History of the City of Fredericksburg, VirginiaQuinn, S. J. (Silvanus Jackson)
History
The History of the City of Fredericksburg, Virginia
Quinn, S. J. (Silvanus Jackson)
Fredericksburg (Va.) -- History
It was John Marshall, of Fauquier county, a Virginian, who, by his great
ability and firmness of character, brought the Supreme Court up from a
tribunal of little importance and consequence to one of great dignity and
to one equal in power and importance with the executive and legislative
branches of the government. He did more--he established not only the fact
that the Supreme Court was the proper tribunal to declare what was and
what was not law, under the Constitution, but it was to set limits to the
powers and prerogatives of the chief executive himself.
In an address on the Supreme Court by Justice Brown in 1896, he said: "The
Constitution had been adopted by the vote of the thirteen States of the
Union, but its construction was a work scarcely less important than its
original creation. With a large liberty of choice, guided by no
precedents, and generally unhampered by his colleagues upon the bench, the
great Chief Justice (Marshall) determined what was law by what he thought
it ought to be, evolved from his own experience of the defects of the
Articles of Confederation and from an innate consciousness of what the
country required, a theory of construction which time has vindicated and
the popular sentiment of succeeding generations has approved. In the case
of Marbury against Madison, which arose at his very first term, he
declared the judicial power to extend to the annulment of an act of
Congress in conflict with the Constitution, a doctrine peculiar to this
country, but so commending itself to the common sense of justice as to
have been incorporated in the jurisprudence of every State in the Union.
The lack of this check upon the action of the Legislature has wrecked the
constitution of many a foreign State, and it is safe to say that our own
would not have long survived a contrary decision. Had Marshall rendered no
other service to the country, this of itself would have been sufficient to
entitle him to its gratitude." And Judge A. W. Wallace, writing of Justice
Marshall, said: "By his canons of construction he fortified the
foundations of the Constitution and builded thereon the jurisprudence of
the United States--whose opinions, nearly a century old, stand, like a
great sea-wall, breasting every billow of political frenzy that has
threatened to engulf the safety, permanence and perpetuity of our
institutions."
RELIGIOUS LIBERTY.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account