John Marshall and the Heroic Age of the Supreme Court

2001 ◽  
Vol 45 (4) ◽  
pp. 519
Author(s):  
Peter S. Onuf ◽  
R. Kent Newmyer
2003 ◽  
Vol 69 (3) ◽  
pp. 680
Author(s):  
Maxwell Bloomfield ◽  
R. Kent Newmyer

1979 ◽  
Vol 41 (1) ◽  
pp. 3-37
Author(s):  
Alpheus Thomas Mason

Every Court is the product of its time, reflecting predilections of fallible men in black robes. While wearing the magical habiliments of the law, Supreme Court justices take sides on controversial issues. From John Marshall to Warren Burger, the Court has been the guardian of some particular interest and the promoter of preferred values. Thus judicial activism, of whatever orientation, involves a paradox at the heart of constitutional orthodoxy—the Supreme Court considered as the mouthpiece of self-interpreting, self-enforcing law.


Author(s):  
David S. Schwartz

McCulloch v. Maryland’s nationalizing potential has not been fully realized, having been reined in by the Supreme Court for most of the years since it was written in 1819. Had McCulloch’s logic of implied powers been applied fully to the Commerce Clause, it would have been difficult to deny recognition of congressional powers to pursue internal improvements, to restrict slavery and child labor, and to regulate the areas of economic life now deemed within Congress’s authority under the Commerce Clause. Despite McCulloch’s importance, the claims that it made law or built the nation can all be traced to times when participants in constitutional politics felt the need to give a historical gloss to a contemporary argument. But liberals’ canonizing of John Marshall and McCulloch is not effective to make Supreme Court justices overcome their strongly held judicial views. McCulloch is simply too ambiguous to mandate a particular result in most contested cases.


1955 ◽  
Vol 49 (4) ◽  
pp. 1085-1104 ◽  
Author(s):  
Loren P. Beth

The appointment of John M. Harlan of New York to the Supreme Court bench came not only as something of a surprise, but as a rather timely and significant one. It is not merely that he is the first justice who is a direct descendant of a previous member of the Court, but that in a fitting sense his appointment may be regarded as a long-overdue tribute to the services his grandfather rendered to the Court and to the nation, and to the causes which the elder Harlan so ably represented.Of all the more prominent justices in Supreme Court history, John Marshall Harlan of Kentucky has been, for no obvious reason, the most neglected. The recently published biography of Justice William Johnson has restored to his place in history the only other justice who perhaps could compete with Harlan in the lack of attention paid a significant career.


2000 ◽  
Vol 20 (1) ◽  
pp. 143
Author(s):  
Daniel L. Dreisbach ◽  
Scott Douglas Gerber

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