Judicial Nationalism

The Marshall Court

FOCUS QUESTION:

How did the actions of the Marshall Court contribute to the rise in nationalism in the U.S.?

Role of the Supreme Court

• The Judiciary loosely defined in the Constitution– Only the Supreme Court was named– Congress held rights to make new courts

• Very little actually outlined

Weakness of the Judiciary

• Early Court Justices did not last• None of the first three Chief Justices remained

in office long– John Jay resigned to run for state governor– John Rutledge denied confirmation– Oliver Ellsworth lasted four years

• The Courts were the weak branch of the Federal government

John Marshall

• Marshall built the federal judiciary• Fleshed out the powers of the Courts• Lent it a sense of mystique• Brought the Courts an equal status with the other

branches

Background

• Marshall was a brilliant, practiced lawyer– Served in the Continental Army– Served in the House of Representatives– Served as Secretary of State under Adams

• Keen, analytical mind• Virginia Federalist

Reshaped the Court

• Promoted a collegial approach to cases• Sought unanimous decisions when possible• Pushed for single opinions when deciding a

case, rather than a decision from each justice• Saw the Supreme Court as the final authority

on the Constitution

Used the Courts to tie the nation together

• Stressed Supremacy of the Constitution

• Worked to define limits of states rights

• Strengthened federal authority