Jan 20, 2020

Brian McClanahan on John Marshall's view of the Constitution as a "living," "elastic" document

"The people made the Constitution, and the people can unmake it.  It is a creature of their own will, and lives only by their will."  Those are the words of Chief Justice John Marshall in his 1821 Supreme Court ruling of Cohens v. Virginia.  It declared that the Supreme Court could review state supreme court decisions, reinforced the "supremacy clause" of the Constitution,and solidified the idea that the Constitution was a "living," "elastic" document.  Marshall was wrong in 1821, at least in regard to how the ratifiers intended the Constitution to be read, but his opinions have outlasted those of his opponents.  John Marshall might not be a household name to most Americans, but he is, along with Hamilton, one of the most important Federalists in American history.  The federal government would not be the same (or as powerful) without him.

~ Brion McClanahan, The Politically Incorrect Guide to the Founding Fathers, p. 285

John Marshall
1894

No comments: