John Marshall

John Marshall
Portrait by Henry Inman, c. 1832
4th Chief Justice of the United States
In office
February 4, 1801 – July 6, 1835[1]
Nominated byJohn Adams
Preceded byOliver Ellsworth
Succeeded byRoger B. Taney
4th United States Secretary of State
In office
June 13, 1800 – March 4, 1801
PresidentJohn Adams
Preceded byTimothy Pickering
Succeeded byJames Madison
Member of the U.S. House of Representatives
from Virginia's 13th district
In office
March 5, 1799 – June 6, 1800
Preceded byJohn Clopton
Succeeded byLittleton Tazewell
Acting Attorney General of Virginia
In office
October 1794 – March 1795
GovernorHenry Lee III
Robert Brooke
Preceded by James Innes
Succeeded byJames Innes
Personal details
Born(1755-09-24)September 24, 1755
Germantown, Virginia Colony, British America
DiedJuly 6, 1835(1835-07-06) (aged 79)
Philadelphia, Pennsylvania, U.S.
Resting placeShockoe Hill Cemetery
Political partyFederalist
SpouseMary Willis Ambler
Children10, including Thomas and Edward
EducationCollege of William & Mary
Signature
Military service
Allegiance United Colonies of North America
Branch/service Continental Army
Years of service1775–1780
Rank Captain
Unit
Battles/wars

John Marshall (September 24, 1755 – July 6, 1835) was an American statesman, lawyer, and Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and he is widely regarded as one of the most influential justices ever to serve. Prior to joining the court, Marshall briefly served as both the U.S. secretary of state under President John Adams, and a representative, in the U.S. House of Representatives from Virginia, thereby making him one of the few Americans to have held a constitutional office in each of the three branches of the United States federal government.

Marshall was born in Germantown in the Colony of Virginia in 1755. After the outbreak of the American Revolutionary War, he joined the Continental Army, serving in numerous battles. During the later stages of the war, he was admitted to the state bar and won election to the Virginia House of Delegates. Marshall favored the ratification of the U.S. Constitution, and he played a major role in Virginia's ratification of that document. At the request of President Adams, Marshall traveled to France in 1797 to help bring an end to attacks on American shipping. In what became known as the XYZ Affair, the government of France refused to open negotiations unless the United States agreed to pay bribes. Upon his return from France, he led the Federalist Party in Congress. He was appointed secretary of state in 1800 after a cabinet shake-up, becoming an important figure in the Adams administration.

In 1801, Adams appointed Marshall to the Supreme Court. Marshall quickly emerged as the key figure on the court, due in large part to his personal influence with the other justices. Under his leadership, the court moved away from seriatim opinions, instead issuing a single majority opinion that elucidated a clear rule. The 1803 case of Marbury v. Madison presented the first major case heard by the Marshall Court. In his opinion for the court, Marshall upheld the principle of judicial review, whereby courts could strike down federal and state laws if they conflicted with the Constitution. Marshall's holding avoided direct conflict with the executive branch, which was led by Democratic-Republican President Thomas Jefferson. By establishing the principle of judicial review while avoiding an inter-branch confrontation, Marshall helped implement the principle of separation of powers and cement the position of the American judiciary as an independent and co-equal branch of government.

After 1803, many of the major decisions issued by the Marshall Court confirmed the supremacy of the federal government and the federal Constitution over the states. In Fletcher v. Peck and Dartmouth College v. Woodward, the court invalidated state actions because they violated the Contract Clause. The court's decision in McCulloch v. Maryland upheld the constitutionality of the Second Bank of the United States and established the principle that the states could not tax federal institutions. The cases of Martin v. Hunter's Lessee and Cohens v. Virginia established that the Supreme Court could hear appeals from state courts in both civil and criminal matters. Marshall's opinion in Gibbons v. Ogden established that the Commerce Clause bars states from restricting navigation. In the case of Worcester v. Georgia, Marshall held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. John Marshall died of natural causes in 1835, and Andrew Jackson appointed Roger Taney as his successor.

  1. ^ "Justices 1789 to Present". Washington, D.C.: United States Supreme Court. Archived from the original on April 15, 2010. Retrieved June 5, 2018.

John Marshall

Dodaje.pl - Ogłoszenia lokalne