Questions About Without Precedent: Chief Justice John Marshall and His Times

Reader Q&A

To ask other readers questions about Without Precedent, please sign up.

Answered Questions (1)

WAs marshall a conservative--sounds as if he was?

Porter Broyles Liberal/Conservative have a much different meaning today than it did 200 years ago. In the 18th/early 19th century, the key debates were Democratic-Re…moreLiberal/Conservative have a much different meaning today than it did 200 years ago. In the 18th/early 19th century, the key debates were Democratic-Republican (states rights) vs Federalist (Federal power).

Marshall's ideals were revolutionary for the time. He helped propel the courts from the younger sibling of the Executive and Legislative Branch to an equal member.

His notion of judicial review and establishing it as the norm was somewhat unique in the 19th century world. He expanded the powers of the federal government by establishing that federal laws trump state laws and expanding the enumerated powers of the Constitution.

Marshall was a Federalist and many of the Marshall Court's rulings came at the expense of state rights. Marshall was one of the first to see the County as a single entity as compared to a group of autonomous entities (ala the European Uninion).

He did rule that the Bill of Rights only applies to the Federal government, not state government (but this was addressed with the 14th Amendment).

He was a slave owner, but he opposed slavery. He did rule in favor of it, but some of his rulings were written in a way to show how the case could be overturned.(less)

flag

Unanswered Questions

About Goodreads Q&A

Ask and answer questions about books!

You can pose questions to the Goodreads community with Reader Q&A, or ask your favorite author a question with Ask the Author.

See Featured Authors Answering Questions

Learn more