The Isolated Judiciary: The Marshall Court’s Resilient Constitutional Logic

• In Event: The Supreme Court in American Constitutional Development

Abstract

John Marshall’s tenure as chief justice is often hailed as one of the most significant and influential periods in Supreme Court history. Yet this reputation was gained despite substantial political opposition from the president and Congress. This paper examines the Marshall Court when it was under the severe attack during the Jefferson administration, arguing that this allows us to examine the Marshall Court as a “least likely” case for the exercise of judicial power. As such, the Marshall Court’s political isolation enables us to see the judiciary’s underlying constitutional logic and how it structures and orients the judiciary to achieve a particular function in the constitutional order.

Author

• Jordan T. Cash, Michigan State University