John Marshall Supreme Court Essay

And the chief justice stood up to Jackson by defending the right of the Cherokee nation to occupy its ancestral land.Marshall had the legal imagination, grace and courage to secure the integrity of our justice system against powerful presidents, bolstered by majorities in both houses of Congress, who often viewed the courts as an impediment to their agenda.We can only pray that if President Trump and his party precipitate a constitutional crisis today, Chief Justice Roberts will prove as capable of forging a consensus to defend the rule of law.

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It had modest authority and commanded little respect.

It heard only about six cases a year, and none of them were of great importance.

When Jeffersonians campaigned to impeach Federalist justices, Marshall refused to be intimidated.

He successfully resisted Jefferson’s efforts to prosecute the vice president, Aaron Burr, for treason on questionable grounds.

Under him, the justices lived together and took their meals at the same Washington boardinghouse.

Endowed with wit as well as intellect, Marshall was able to cajole and charm even his most adamant opponents.

Marshall fostered a high degree of collegiality and compromise among the justices.

He consistently moved the court to the center, rejecting ideology and embracing pragmatism.

The Roberts court, however, is bitterly divided between ideologues on the left and right. Unless the Supreme Court speaks with one voice, Trump may refuse to comply with the court’s order.

Supreme Court Chief Justice John Roberts, from left, Associate Justice Stephen Breyer, and Associate Justice Elena Kagan listen to President Trump’s State of the Union address in the U. Ultimately, the answers must come from the Supreme Court. has been unable to forge a genuine consensus up until now on almost any significant issue.


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