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John Marshall: The Final Founder

Jese Leos
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Published in Robert Strauss
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The Legacy of an Underrated Founding Father

When we think of the Founding Fathers of the United States, names like George Washington, Thomas Jefferson, and Benjamin Franklin come to mind. These individuals played crucial roles in shaping the nation's foundations, but there is one Founding Father whose contributions often go unnoticed - John Marshall.

Portrait Of John Marshall John Marshall: The Final Founder

The Early Life and Education of John Marshall

John Marshall was born on September 24, 1755, in a log cabin in rural Virginia. Growing up in a modest environment, he developed a strong sense of determination and ambition from an early age. Despite limited resources, Marshall's father worked hard to provide him with a good education, sending him to a local classical school.

Marshall's education expanded when he attended William and Mary College, where he excelled in his studies. His intellectual prowess garnered attention, and he became known for his strong debating skills and keen legal mind.

John Marshall: The Final Founder
John Marshall: The Final Founder
by Robert Strauss(Kindle Edition)

4.3 out of 5

Language : English
File size : 1588 KB
Text-to-Speech : Enabled
Screen Reader : Supported
Enhanced typesetting : Enabled
Word Wise : Enabled
Print length : 261 pages

A Patriot in the Revolutionary War

During the American Revolutionary War, Marshall felt compelled to fight for the cause of liberty and independence. He enlisted in the Continental Army and served as a captain in the 11th Virginia Regiment. Marshall's military career allowed him to witness firsthand the struggles and sacrifices made by those fighting for freedom.

Rise to Prominence as a Lawyer

After the war, Marshall embarked on a legal career, quickly making a name for himself with his exceptional legal knowledge and persuasive oratory skills. He became known as a practiced attorney, often taking on politically charged cases. Marshall's reputation grew, and he soon found himself representing clients in high-profile cases before the Supreme Court of Virginia.

Chief Justice of the United States

US Supreme Court Building John Marshall: The Final Founder

In 1801, Marshall received the appointment that would ultimately define his legacy - Chief Justice of the United States. His tenure on the Supreme Court would span an impressive 34 years, longer than any other chief justice in history. Marshall's leadership would forever shape the interpretation and application of the Constitution, solidifying the power of the judiciary branch.

As Chief Justice, Marshall presided over several landmark cases that established the court's authority to interpret the Constitution. Notably, his opinion in Marbury v. Madison (1803) affirmed the principle of judicial review, giving the Supreme Court the power to declare acts of Congress unconstitutional. This decision set the stage for a strong and independent judiciary, ensuring the balance of power among the three branches of government.

Contributions to American Constitutional Law

Marshall's influence extended far beyond his time on the bench. His decisions shaped American jurisprudence and the understanding of the Constitution. Marshall's approach to interpreting the Constitution, often referred to as "judicial nationalism," emphasized the importance of a strong federal government and the protection of individual liberties.

One of Marshall's most significant contributions was his role in defining the scope of federal power. His opinions in cases such as McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) expanded the powers of the federal government, particularly in matters of interstate commerce and taxation. Marshall's interpretation of the Necessary and Proper Clause paved the way for federal legislation that strengthened the nation's economy and fostered unity among states.

A Lasting Influence on American Democracy

John Marshall's impact on American democracy cannot be overstated. His unwavering commitment to the rule of law, the separation of powers, and the protection of individual rights laid the groundwork for a strong and enduring constitutional system.

Despite his valuable contributions, Marshall remains relatively unknown compared to his fellow Founding Fathers. Perhaps it is time that we recognize and appreciate the role he played in shaping our nation's history.

As we celebrate the accomplishments of George Washington, Thomas Jefferson, and Benjamin Franklin, let us not forget the Final Founder - John Marshall. His dedication, intellect, and influence on American jurisprudence make him a significant figure in the pantheon of America's Founding Fathers.

References:

  • Smith, J.B. (1998). John Marshall: Definer of a Nation. Henry Holt and Company.
  • McCormick, R.L. (1981). John Marshall: American Statesman. Cambridge University Press.
  • Kilpatrick, J.J. (1957). The Making of John Marshall: The Early Years, 1755-1801. Houghton Mifflin.

John Marshall: The Final Founder
John Marshall: The Final Founder
by Robert Strauss(Kindle Edition)

4.3 out of 5

Language : English
File size : 1588 KB
Text-to-Speech : Enabled
Screen Reader : Supported
Enhanced typesetting : Enabled
Word Wise : Enabled
Print length : 261 pages

Eighteenth- and 19th-century contemporaries believed Marshall to be, if not the equal of George Washington and Benjamin Franklin, at least very close to that pantheon.

John Marshall: The Final Founder demonstrates that not only can Marshall be considered one of those Founding Fathers, but that what he did as the Chief Justice was not just significant, but the glue that held the union together after the original founding days. The Supreme Court met in the basement of the new Capitol building in Washington when Marshall took over, which is just about what the executive and legislative branches thought of the judiciary.

John Marshall: The Final Founder advocates a change in the view of when the “founding” of the United States ended. That has long been thought of in one or the other of the signing of the Constitution, the acceptance of the Bill of Rights or the beginning of the Washington presidency. The Final Founder pushes that forward to the peaceful change of power from Federalist to Democrat-Republican and, especially, Marshall’s singular achievement -- to move the Court from the basement and truly make it Supreme.

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