Just before Thomas Jefferson assumed the presidency in 1801, John Adams, the outgoing president, appointed John Marshall as the fourth Chief Justice of the United States. Widely regarded as the most influential justice to ever hold this position, Marshall served alongside Jefferson, his political adversary and distant relative, as well as four subsequent presidents, over a thirty-year period. His foundational understanding of law began at William & Mary in 1780, where he studied under George Wythe. Though his time there was brief, it profoundly shaped the character of the man who would become instrumental in establishing American constitutional law.
Born on September 24, 1755, in present-day Fauquier County, Virginia, nestled in the foothills of the Blue Ridge Mountains, John Marshall was largely self-taught. He was the eldest of fifteen children born to Thomas Marshall and Mary Randolph Keith. From a young age, he cultivated a lasting passion for English literature, poetry, and history. Initially destined for a career in law, Marshall interrupted his studies in 1775 to join the American War of Independence. Serving as an officer in the Continental Army, he participated in significant battles such as Brandywine, Germantown, and Monmouth. He also endured the harsh winter conditions at Valley Forge in 1777-78. In 1780, while on leave from military duty, he attended George Wythe’s law lectures at the College of William & Mary. During his time at the College, Marshall was inducted into the prestigious Phi Beta Kappa Society. It was also in nearby Yorktown that he began his courtship with Mary Willis (“Polly”) Ambler, who would later become his wife.
Following the war, Marshall dedicated himself to his legal practice, while also engaging in public service as a member of the Virginia state legislature. His career transitioned to the federal level in 1797 when President Adams appointed him as an envoy to France. After a short term in Congress, Marshall joined Adams’ cabinet as Secretary of State. It was from this position that Adams nominated him to the esteemed role of Chief Justice.
John Marshall’s legacy is primarily built upon two significant contributions to the structure of modern American government. Firstly, he solidified the power and prestige of the judicial branch, elevating it to an equal status with the legislative (Congress) and executive branches within the system of separated powers. He asserted the judiciary’s crucial authority to interpret the Constitution as the supreme law of the land and to ensure that the other branches of government remained accountable to it. This principle of judicial review became a cornerstone of American governance.
Secondly, Marshall’s interpretations of the Constitution were instrumental in significantly expanding the powers of the federal government. He believed that the powers granted to the federal government, while specifically listed, should be interpreted broadly to effectively achieve the overarching goals of governance. In his view, federal power, though limited in scope, was supreme within its designated area, and it superseded state power in cases of conflict. Marshall’s legal opinions and judgments provided the foundation for the considerable expansion of the federal government that occurred in the late nineteenth and twentieth centuries. Landmark cases such as Marbury v. Madison cemented his role in shaping the balance of power in the U.S. government.
According to Dr. Charles Hobson, a leading scholar and author of The Great Chief Justice: John Marshall and the Rule of Law, who dedicated 26 years to editing Marshall’s papers, Marshall was admired for his compelling personality. Hobson describes him as a man of “first class intellect and possession of all the social virtues,” highlighting his ability to foster consensus among justices, a rare feat even then. In contrast to today’s often fractured Supreme Court opinions, many cases under Marshall’s leadership were decided with a single, unified opinion, reflecting his commitment to presenting a united front.
John Marshall passed away in 1835, nearing the age of 80, perhaps without fully grasping the enduring impact of his extensive tenure as Chief Justice. He reportedly harbored concerns about the Constitution’s long-term viability in the face of state resistance. However, the groundwork he laid was more robust than he might have realized. Despite the challenges of secession and the Civil War, future generations built upon his principles. His judgments continue to be studied in law schools across the nation, and he remains an embodiment of his mentor George Wythe’s ideal of the “citizen lawyer,” dedicating his expertise to public service.
Both in his professional and personal life, Marshall was known for his unassuming nature and genuine simplicity. This is subtly captured in the bronze statue at the William & Mary Law School entrance, depicting Marshall with a rumpled vest and untied shoelaces, standing alongside a statue of Wythe. A more formal portrayal can be seen in a copy of Henry Inman’s 1831 portrait of Marshall, displayed in the Law School’s entrance hall. Further testament to his life is the Marshall family Bible, which is preserved in the Nicholas J. St. George Rare Book Room at the Law School.