A new biography explores the long-running rivalry between the Federalist chief justice John Marshall and his Democratic–Republican second cousin, President Thomas Jefferson.
In the American republic’s early days, a seat on the United States Supreme Court was not the coveted plum that it is today. The first three chief justices each served for an average of less than four years, and associate justices were also likely to leave the Court while still in the prime of their working lives. The reason? The Court had limited jurisdiction, heard few cases, and did not pay particularly well. For a talented lawyer, private practice or political office was usually preferable to a judicial backwater convened in an unused committee room in the basement of the Capitol.
In Without Precedent, law professor Joel Richard Paul tells the story of John Marshall, the man who changed all that. Appointed to the court by the last Federalist president in the waning days of his administration, Marshall was seated at a time of his Jeffersonian opponents’ ascendance. He would spend the next 34 years leading a Court that became much closer to a co-equal branch of government than any of the Founders had anticipated. In doing so, Marshall imposed a Federalist vision on often-reluctant Democratic–Republican political branches, cementing his own vision of what the United States should become: one nation, rather than a confederation of disparate sovereignties.
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Paul frames his story as a long-running battle between Marshall and Thomas Jefferson. Both men were Virginians of the founding generation, and both were great-grandsons of William Randolph I, but there the similarities end. While Jefferson grew up rich, surrounded by slaves and powerful family members, Marshall grew up on the frontier, one of 15 children of a father who was a poor farmer, rather than a planter. (Marshall would also come to own slaves, which Paul attempts, without much success, to downplay in comparing him to Jefferson.)