III.

The Chief Justice

The most important judicial figure in U.S. history, Marshall is justly famed as the “great chief justice.” Before his appointment to the bench, the Supreme Court was regarded as ineffectual. By the force of his personality and the wisdom of his decisions, Marshall raised the Court to a position of great power in the federal government. He succeeded in making it the ultimate authority in constitutional matters.

The first and perhaps most important of Marshall's great cases was Marbury v. Madison (1803), which established once and for all the right of judicial review. The decision upheld the Court's power to review legislation and to overrule acts of Congress and of state legislatures that it considered unconstitutional. The power of judicial review was fundamental to Marshall's interpretation of constitutional doctrine.

Marshall and the Court followed this with decisions that made sure federal law would be exercised under a unified judicial system. In Fletcher v. Peck (1810) the Court ruled that a state could not arbitrarily interfere with an individual's property rights. Dartmouth College v. Woodward (1819) reaffirmed the inviolability of a state's contract (see Dartmouth College Case).

One of the most famous cases to come before the Court during Marshall's tenure was McCulloch v. Maryland (1819), which established the principle that the Constitution granted certain implied powers to Congress—in this case, the power to create a U.S. bank. The importance of this decision was in its affirmation of a broad interpretation of the Constitution, thus making it a flexible instrument to support the federal government.

In Cohens v. Virginia (1821) the Supreme Court again upheld its right to overrule state action that violated the Constitution. Gibbons v. Ogden (1824) confirmed congressional control over foreign and interstate commerce. These cases and others during Marshall's tenure made up a body of judicial rulings that generally favored federal power as opposed to states' rights.

Marshall's judicial activities brought him into conflict with several presidents. His quarrels with Thomas Jefferson peaked in 1807 when Marshall presided at the treason trial of the former vice president Aaron Burr. President Jefferson, who had publicly condemned Burr before the trial, was hoping for a speedy conviction. According to Marshall's interpretation of the Constitution, however, conviction for treason required proof of an overt treasonous act, rather than only proof of engaging in a conspiracy (see Treason). Burr was acquitted in a generally unpopular decision.

Although Marshall's decisions were controversial, his personal integrity, wit, and charm made him much admired even among his enemies. His legal opinions were characterized by a precise and lucid style, literary skill, and thorough, logical analysis. He was the author of Life of George Washington (5 volumes, 1804-7). Marshall died in Philadelphia on July 6, 1835. According to tradition, the Liberty Bell cracked while being tolled in mourning for him.

See also Supreme Court of the United States.