John Marshall of Virginia is often claimed to have represented an early model for a big federal government and liberal judicial activism. However, this claim is unfounded, as I will explain in this series.
In order to understand Marshall’s role in shaping the United States, it is important to define what it means to be a Founder. A Founder is someone who actively participated in the adoption of the Constitution. This includes the framers at the Philadelphia convention, the ratifiers at the state conventions, and those who played a significant role in the public debates surrounding the Constitution from 1787 to 1790. John Marshall qualifies as a Founder on both the second and third grounds.
Marshall’s contributions to the Constitution can be seen in his speeches at the Virginia ratifying convention. As one of the most crucial delegates at the convention, Marshall’s arguments provide valuable insight into the Founders’ understanding of the document.
Marshall’s early life, from his birth in 1755 to his election as a delegate to the Virginia House of Delegates in 1781, is summarized in this series. His experience as a soldier in the Revolutionary War and his successful law practice in Richmond demonstrate his commitment to public service and the rule of law.
At the Virginia ratifying convention in 1788, Marshall’s speeches showcased his expertise in refuting opponents’ arguments. He eloquently defended the Constitution against claims of potential abuse of power and the need for amendments. Marshall’s ability to turn opponents’ arguments against them highlights his skill as an advocate for the Constitution.
Overall, John Marshall’s legacy as a Founder of the United States is undeniable. His contributions to the Constitution and his defense of its principles at the Virginia ratifying convention solidify his place in American history. Henry and others attempted to undermine the Constitution by praising the governments of Britain and the Netherlands, but Marshall was quick to correct their misconceptions about these systems. Marshall also effectively refuted George Mason’s criticisms of the proposed federal court system.
Marshall’s speeches at the convention not only had powerful rhetoric but also provided valuable insights into the true meaning of the Constitution. In response to recent claims by law professors that states cannot respond to invasion without federal authorization, Marshall pointed to the Virginia ratifying convention where he asserted that states have the right to defend themselves and engage in war when necessary.
Marshall clarified that the Constitution only grants enumerated powers to the federal government, with all other powers reserved to the states. He also emphasized the importance of judicial review in ensuring that laws exceeding federal powers are declared void by the courts.
In addition, Marshall affirmed the Founders’ understanding of direct and indirect taxes, dispelling the misconception that they were unclear on this issue. Stay tuned for the next part of this series on Marshall’s role as a Congressman and diplomat. The views expressed in this article are the author’s own and may not reflect those of The Epoch Times.
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