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JOHN MARSHALL AND THE CONSTITUTION, A CHRONICLE OF THE SUPREME COURT

CHAPTER I. The Establishment Of The National Judiciary The monarch of ancient times mingled the functions of priest and judge. It is therefore not altogether surprising that even today a judicial system should be stamped with a certain resemblance to an ecclesiastical hierarchy. If the Church of the Middle Ages was "an army encamped on the soil of Christendom, with its outposts everywhere, subject to the most efficient discipline, animated with a common purpose, every soldier panoplied with inviolability and armed with the tremendous weapons which slew the soul," the same words, slightly varied, may be applied to the. | JOHN MARSHALL AND THE CONSTITUTION A CHRONICLE OF THE SUPREME COURT By Edward S. Corwin Contents JOHN MARSHALL AND THE CONSTITUTION CHAPTER I. The Establishment Of The National Judiciary CHAPTER II. Marshall s Early Years CHAPTER III. Jefferson s War On The Judiciary CHAPTER IV. The Trial Of Aaron Burr CHAPTER V. The Tenets Of Nationalism CHAPTER VI. The Sanctity Of Contracts CHAPTER VII. The Menace Of State Rights CHAPTER VIII. Among Friends And Neighbors CHAPTER IX. Epilogue BIBLIOGRAPHICAL NOTE. JOHN MARSHALL AND THE CONSTITUTION CHAPTER I. The Establishment Of The National Judiciary The monarch of ancient times mingled the functions of priest and judge. It is therefore not altogether surprising that even today a judicial system should be stamped with a certain resemblance to an ecclesiastical hierarchy. If the Church of the Middle Ages was an army encamped on the soil of Christendom with its outposts everywhere subject to the most efficient discipline animated with a common purpose every soldier panoplied with inviolability and armed with the tremendous weapons which slew the soul the same words slightly varied may be applied to the Federal Judiciary created by the American Constitution. The Judiciary of the United States though numerically not a large body reaches through its process every part of the nation its ascendancy is primarily a moral one it is kept in conformity with final authority by the machinery of appeal it is animated with a common purpose its members are panoplied with what is practically a life tenure of their posts and it is armed with the tremendous weapons which slay legislation. And if the voice of the Church was the voice of God so the voice of the Court is the voice of the American people as this is recorded in the Constitution. The Hildebrand of American constitutionalism is John Marshall. The contest carried on by the greatest of the Chief Justices for the principles today associated with his name is very like that waged by the .