John Marshall

John Marshall was actually the fourth Chief Justice of the Supreme Court. Because he had such a long tenure in this office (1801-1835) and led with such character and intelligence, many mistakenly think of him as the first Chief Justice. I teach my students that he was the first "Great" Chief Justice.

His possessed an intellect that might best be characterized as pragmatic. He felt that the Constitution represented the best of American ideas and that the Supreme Court should protect those ideas by becoming the final interpreter of that great document.

Like many Federalists, he was wary of allowing states too much authority in the area of protecting individual rights. After all, the terrible treatment of farmers (and American Revolution veterans) by the Massachusetts government had resulted in a crisis that might have ended our noble foray into nationhood. The very rights for which men had fought, freedom from oppressive taxation, the right to own property and the freedom to protest against the government, were denied by the Massachusetts legislature, resulting in Shays' Rebellion. The national government, at that time defined by the Articles of Confederation, was far too weak to intervene on behalf of the individual.

John Adams, Alexander Hamilton, George Washington and others came to the rescue in the hot summer months of 1787 at what is now known as the "Constitutional Convention." Once drafted and ratified, it was up to the three branches of government to make this new form of government work. For a time, it seemed that Congress and the Executive would divide up the lion's share of power.

John Marshall changed all of that.

Prior to his appointment to this position, the Supreme Court had little luster and even less appeal to those seeking a role in the new government. Marshall, appointed by one of our truly great presidents, John Adams, led the Court from no man's land to the promised land and established it as the branch of the government charged with overseeing our rights and the preservation of the Constitution.

Marshall believed the Court would earn more respect when it spoke with a single, unanimous voice rather than the seriatim opnions that had become the practice. Like Earl Warren many years later, Marshall, affable and respected by the Brethren, could effectively build a consensus. In the most important case in the history of what Hamilton mistakenly called "The Least Dangerous Branch," Marshall led the Court in a unanimous decision establishing the practice of judicial review. (Marbury v. Madison)

In the next year or two, a number of seats on the Bench will undoubtedly open. Justice Gnsburg faces a grave illness; Justice Stevens, a Ford appointee, is 89 years old. I am very concerned., no--dreadfully concerned. The current President has proven himself to be a friend to abortion on demand; he supports the horrendous late-term abortions. He will no doubt appoint those of like minds who may in fact overturn Roe because it doesn't support abortion rights enough! Justices Scalia, Alito and Thomas and Chief Justice John Roberts may find themselves in a 4:5 minority.

Many years ago, it was said that all controversies ini this nation will eventually end up as Consitutional questions. This has certainly proven to be true. How I wish Chief Justice Marshall were here to shine a bit of light on these dark times.