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Without Precedent: Chief Justice John Marshall and His Times,
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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-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.
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.
Jane
If by Conservative you mean one who prefers a weaker central government, then Marshal’s politics fall more in that category. However, his role as the first Chief Justice who labored through Constitutional interpretations of every kind, the categories Conservative or Liberal are too narrow for the breadth of his genius.
Coalbanks
Considering his participation in the revolution against the UK and the creation of the republic he was not what was then a conservative but he was less a radical than some ie Thomas Paine.
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