SUBJECT: PATRIOT WEEK FOUNDERS & PATRIOTS:
DAY TWO (ALL AGES)
John Marshall
Overview of John Marshall
John Marshall was born in Prince William (later Faquier) County on the Virginia frontier in
1755. He only received two years of formal schooling.
He began his public service as a soldier in the Continental Army fighting the British during the
American Revolution. By the time he was discharged, he had gained the rank of captain. He
spent the brutal winter of 1777-1778 at Valley Forge.
After he completed his service in the American Revolution, he studied law. He soon was elected
to the Virginia Legislature, and served a leading role in the Virginia Constitutional Convention
that approved the Constitution.
He served as diplomat under President John Adams in France, and upon his return he was elected
to the House of Representatives. He served for a short period as Secretary of State under Adams,
who, in his last month in office in 1800, then appointed him to be the fourth Chief Justice of the
United States Supreme Court.
Marshall took hold of what had up to then been a relatively modest institution and transformed
the Supreme Court into the guardian of the Constitution and the rule of law. The Supreme Court
garnered immense respect and a reputation for impartial decision-making. Marshall also
developed the practice of issuing a majority opinion that several Justices sign (previously, each
Justice would write their own opinion), which establishes a clear guidance on what the law is.
His most noteworthy decision was Marbury v Madison, in which he found that an act passed by
Congress granting the Supreme Court original jurisdiction over a type of case (a writ of
mandamus) to have exceeded the power vested in Congress by the Constitution.
In the course of Marbury, Marshall established the bedrock constitutional principle that the
Supreme Court would determine the meaning of the Constitution. Furthermore, the opinion
established the key doctrine of judicial review, which provides that the Supreme Court has the
duty to strike down any legislation or action in violation of the Constitution.
In a great historical irony, during the course of a decision that found that the Supreme Court
could not act (because the act that tried to give the Supreme Court the power to hear the case
went beyond the jurisdiction provided to the Supreme Court in Constitution), Marbury definitely
established that the Supreme Court would be a vital and vibrant branch of government in
protecting the separation of powers, checks and balances, and the rule of law.
Marshall passed away on July 6, 1835.
Objectives
1.
Students should understand the general biography of John Marshall.
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SUBJECT: PATRIOT WEEK FOUNDERS & PATRIOTS:
DAY TWO (ALL AGES)
2.
Students should understand that under Marshall’s leadership, the Supreme Court became the
guardian of the Constitution by embracing the duty to strike down laws and executive
actions that violate the Constitution.
3.
Students should understand that under Marshall’s leadership, the Supreme Court became the
final interpreter of the Constitution, and established a reputation for impartial decisionmaking.
4.
Students should understand that the rule of law, constitutional decision-making, and that
courts are the final arbitrators of disputes is not the reality in many countries across the
world. Instead, bribery, corruption, violence, ethnic intimidation, party control, and the
military often dominate.
Materials
• More about Marshall and related materials can be found at:
• www.PatriotWeek.org
• http://www.lva.virginia.gov/exhibits/marshall/
• http://www.apva.org/marshall/justice/
Activities
1.
Have students create a timeline or collage of Marshall’s life.
2.
Have students write an essay or composition about what they consider to be Marshall’s
most important contribution to American history, and explain why (as compared to the
others).
3.
Consider a recent Supreme Court case and have the students write essay about how
Marshall influenced the writing of the opinion even today.
4.
Consider what the country would like if John Marshall’s ideas for the Supreme Court were
not accepted - have students write a list of “what if” propositions.
5.
Have students compare the American system of the rule of law, constitutional decisionmaking, and courts are the final arbitrators of decisions versus countries such as Russia,
Cuba, China, and North Korea by creating a chart or powerpoint of differences.
6.
Conduct a mock trial. For students in Michigan, consider the Michigan Center for Civic
Education program - visit: http://www.miciviced.org/mock-trial.
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SUBJECT: PATRIOT WEEK FOUNDERS & PATRIOTS:
DAY TWO (ALL AGES)
Contributor
Hon. Michael Warren
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