A Patriot Sometimes Overlooked

 Most of us remember the Presidents that have led this nation, but sometimes we overlook the importance of other patriots.  John Marshall is one who should not be forgotten, his integrity and importance to the nation particularly important to remember today.

He was the oldest of 15 children, and although his formal childhood education was very limited, he loved books and taught himself by reading.  Both he and his father fought in the American War of Independence.  He saw battle and endured the suffering at Valley Forge in the cruel winter of 1777-78.  After the war, he studied law, gained a reputation as a lawyer, served in the Virginia state legislature, was chosen as President Adams's envoy to France, served in Adams's Cabinet as Secretary of State, (having turned down other positions offered to him along the way), and ultimately was nominated by Adams to serve as Chief Justice of the United States Supreme Court.  This summary of his life prior to becoming Chief Justice is incomplete, but offers some idea of his achievements, but his love and devotion to his wife cannot be overlooked.  She was an invalid much of their marriage, although she did give birth to 10 children, 6 of whom lived to adulthood.

There were 3 Supreme Court Justices before him, but little structuring of the Court had been accomplished prior to Marshall's arrival on the bench.  It is indescribably fortunate for America that Marshall was chosen at such a critical time to gradually shape the Supreme Court.

While much of our American law was derived from English law, it was Marshall who led the way to distinguish the differences and to flesh out the unwritten distinctions under our Constitution.  Ignoring the British principle that "the King can do no wrong," Marshall did not hesitate to determine that under our Constitution a President can be "impeached and removed from office on conviction of his crimes and misdemeanors."  Adding, "The President is elected from the mass of the people, and on the expiration of the time for which he is elected, he returns to the mass of the people again."

Many of the cases that came before the Supreme Court had no precedent to guide them.  Other Chief Justices might have introduced their political bias into the Court's decisions.  However, through Marshall's leadership, the Court avoided political bias. Quoting author Harlow Giles Unger, "The Court and its decisions remained as centrists as Marshall himself--at one and the same time liberal and conservative in the literal sense of both words. They protected and preserved individual liberties that did not infringe on the liberties of others or cross the line between liberty and license."

When John Marshall died, John Quincy Adams wrote in his diary:  "He was one of the most eminent men this country has ever produced. ...Marshall, by the ascendency of his genius, by the amenity of his deportment and by the imperturbable command of his temper, has given a permanent and systematic character to the decisions of the Court, and settled many great constitutional questions favorably to the continuance of the Union."

The importance of the early Supreme Court has always been recognized, but of great significance was not only the Constitution itself but also the leadership of Marshall who guided the Associate Justices who served with him.  The broad unity of the court strengthened the respect for the rulings they made, resulting in acceptance by not only the Senate and the House, but also across state leadership, resulting in wide acceptance among the public. 

John Marshall's Supreme Court ruled America's legal landscape for 35 years.  Yet, shortly before his death, he shared his concern about whether or not the Constitution could last.  He worried that "The case of the South seems to be desperate."  His concern was validated when South Carolina's State Militia fired on Fort Sumter.  The brutal Civil War tested the nation, but the Constitution held.  

Yet, even today, we must not take for granted it's invincibility.  Like John Marshall, we must respect the challenge of preserving the union.