John Marshall Quotes
A constitution cannot possibly enumerate the means by which the powers of government are to be carried into execution.
John Marshall, 1755-1835, Chief Justice of the U. S. Supreme Court, U. S. Congressman (Federalist, VA), U. S. Secretary of War, U. S. Secretary of State, Speech in Defense of McCulloch v. Maryland
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Marshall is famous for, as Chief Justice, establishing the principle that the Judiciary can override Congress and the Executive in determining Constitutionality. However, as this quotation illustrates this principle had been discussed in open debate on the ratification of the Constitution. It was not simply a grab for power by a Chief justice; he uttered this quotation long before he ever suspected he would be a judge but actually spent much of his career in the executive and legislative branch of government.
The view that the Supreme Court was the final arbiter of constitutional controversies was not held in early America.
Senator Grimes thought that Andrew Johnson was a terrible President, but when the House of Representatives impeached President Johnson and he was tried before the Senate, Grimes voted for acquittal. His reason for the his vote was he thought that the Constitution did not provide for the removal if a President just because he has “Unacceptable.” Johnson survived removal from office by a single vote and had Grimes not been so principled about the Constitution, Johnson would have been removed from office. On the other hand, Johnson was a terrible President and many of the nations racial problems in later years emanated from his actions and inactions while in office.
Most people agree as to what the powers are that are “enumerated” in the Constitution. But there is endless difference of opinion as to what the “implied necessary and proper” powers are. However, this quotation establishes the greater powers of the Government to act in foreign affairs.
Barstow the Democratic Governor who had no serious opposition in 1853 found himself challenged for reelection by Coles Bashford of the new Republican Party. The Board of Canvassers reported that Governor Barstow had won reelection but by less than 200 votes in the whole state. The Republicans charged that there had been fraud in some of the rural districts and petitioned the Wisconsin Supreme Court which ruled that nonexistent precincts had indeed voted for the Governor. The Barstow however refused to recognize the decisions of the court claiming that the court had no jurisdiction over the Board of Canvassers who were part of the executive branch. The Republicans held their own inauguration and two men claimed to be Governor. But the Governor claimed that the state constitution did not give the court any authority to deal with the crisis, He even called out the State Militia to maintain his office and intimidate the Supreme Court and keep the “other governor” from the state house. Nonetheless the court ruled that even the Governor had to obey the law and the Supreme Court would determine what the law was. Barstow finally “resigned.” See {587917} & {587914}.
This concept of Presidential powers greatly expanded the traditional power of the Presidency. To one degree or another this became the view of every president who followed until George W. Bush who went one large step further. He maintained that the President could do that which was specifically prohibited by law if the purpose was to perform a Constitutional duty.
The 10th Amendment was created to take care of this objection which Jefferson and many others had.
John Marshall was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 to 1835. Marshall remains the longest-serving chief justice and fourth-longest serving justice in Supreme Court history, and he is widely regarded as one of the most influential justices to ever sit on the Supreme Court. Prior to joining the Supreme Court (and for one month simultaneous to his tenure as Chief Justice), Marshall served as the United States Secretary of State under President John Adams.