John Marshall


The South in the Interpretation of the Constitution

Editor's Note: This chapter is republished from The South in the Building of the Nation series (1909). In the making of the American Nation, the Southern states have played a conspicuous part-a part which has not received proper recognition at the hands of historians at home or abroad. This neglect of the South is largely the result of the views…
J.A.C. Chandler
November 17, 2023

McCulloch v. Maryland

Editor's Note: This essay was written by Spencer Roane under the pseudonym Amphictyon in 1819. I. To the Editor of the Enquirer : SIR: I have read with considerable attention the opinion pronounced by the Chief Justice of the U. S. in the case of McCulloch against the State of Maryland. In that opinion we are informed, First, That it…
Abbeville Institute
August 29, 2022

The Confederate Constitution

From the 2003 Abbeville Institute Summer School I come from a somewhat different mold and my thought processes on these issues have changed a bit over the last couple of years. I have written on American jurisprudence and I have detected what I would deem to be ominous trends in American case law, and also in international law. I also…
Marshall DeRosa
June 6, 2022
Review Posts

Spencer Roane: The Forgotten Founder

A review of Irreconcilable Founders: Spencer Roane, John Marshall, and the Nature of America's Constitutional Republic (LSU Press, 2021) by David Johnson Of all the leading Jeffersonians of the early Republic—Jefferson, Madison, John Randolph of Roanoke, and John Taylor of Caroline—Spencer Roane is arguably the most obscure. This obscurity is lamentable because while Jefferson and Madison built and led their party,…
Aaron N. Coleman
September 30, 2021

Judicial Review? No. Nullification

“Acts of congress, to be binding, must be made pursuant to the constitution; otherwise they are not laws, but a mere nullity.” -St. George Tucker “There is no danger I apprehend so much as the consolidation of our government by the noiseless, and therefore unalarming instrumentality of the Supreme Court.” -Thomas Jefferson As a pro-life Jeffersonian, I am constantly frustrated…
Earl Starbuck
February 22, 2021

When Yankees Pack the Court

The 2020 presidential election took a decided turn as it moved into the final six weeks when Supreme Court Justice Ruth Bader Ginsburg, a liberal icon, passed away, opening up a seat that would, if filled by a conservative, shift the ideological balance of the High Court, and bringing the issue to the forefront of what is already a raucous…
Ryan Walters
October 9, 2020
Review Posts

The Man Who Made the Supreme Court

A review of John Marshall: The Man Who Made the Supreme Court (Basic Books, 2018) by Richard Brookhiser John Marshall presents a curious problem for Southern history. How can a man, born and bred in the same State, who breathed the same air and shared the same blood with Thomas Jefferson, have been such an ardent nationalist? The same question…
Brion McClanahan
December 4, 2018

Luther Martin Revisited

As a delegate to the Constitutional Convention and as an eminent lawyer and statesman, Martin defended state sovereignty and the diffusion of political authority. He is usually identified as an Antifederalist. Martin was responsible for proposing several key components of the new government at the Convention, including the Electoral College, as well as earning a lasting reputation as a trial…
H. Lee Cheek, Jr.
February 20, 2015
Review Posts

John Taylor on Federal and Constitutional Questions

Part II of a Five Part Series. Part I 1. Liberalism Taylor stood on liberal ground in holding that men were a mixture of good and evil. Self-interest was the only real constant in human action.43 He broke with archaic-republican ideas of mixed constitutions and social balance. His key idea was to divide power up so many ways, federally and…
Joseph R. Stromberg
October 14, 2014
Review Posts

Rights of the States and of the People

This is Part I of four letters that originally appeared in the Richmond Enquirer in 1819 under the nom de plume Hampden. They could have been written yesterday. To the Editor of the Enquirer: By means of a letter to you, sir, I beg leave to address my fellow citizens. I address them on a momentous subject. I address them…
Spencer Roane
August 21, 2014