The obvious answer is that such a holding would have been entirely unsatisfactory for a Court that was to play the strong role as the voice of the Constitution and of the American people that Chief Justice Marshall
and his brethren envisioned in Cohens.
Against this background, it is striking that Chief Justice Marshall
and Justice Story couched their canonical definitions of the term "case" in terms broad enough to encompass ex parte matters.
Interestingly, though Chief Justice Marshall
knew that there was considerable public relations value in providing a thoughtful interpretive rationale that included impressive citations to various respected authorities, some of his detailed opinions were crafted well after he reached his decision on the outcome of the cases.
In order to bolster the legal rationale for the United States' constitutional authority over Indians, Chief Justice Marshall
coupled the commerce clause with the "treaty clause" (44) to provide Congress with "all that is required for the regulation of our intercourse .
Finally, Professor Mary Lynch, the Director of the Domestic Violence Prosecution Hybrid Clinic and Co-Chair of the Kate Stoneman Committee will be introducing Chief Justice Marshall
ambiguous, but Chief Justice Marshall
Chief Justice Marshall
was more circumspect and less sympathetic toward efforts to defy Congress.
Although the American toleration for judicial dissent is often said to be a carryover from the practice of the British law lords in having each member of a panel read an individual decision, when Chief Justice Marshall
enforced public unanimity, he was in fact following the existing practice of the highest English court available for cases from the colonies.
Chief Justice Marshall
, in depth of legal analysis and lasting significance, easily outdistance much of contemporary legal writing.
Surely, in the colorful, confident words of Chief Justice Marshall
in Marbury, such a proposition "is too extravagant to be maintained.
The case presented Chief Justice Marshall
, who had been appointed by President Adams, with a dilemma.
As Chief Justice Marshall
pointed out, the people of Maryland were represented in Congress as a part of the whole, but the rest of the nation was not represented in the Maryland legislature.
But the Supreme Court has consistently held, as Chief Justice Marshall
did, that jurors may be impartial without being ignorant.
A blue-ribbon panel of Massachusetts business and academic leaders, the Visiting Committee was appointed in August 2002 by Massachusetts Supreme Judicial Court Chief Justice Marshall
to provide an independent perspective on management in the state's courts and recommendations for improvement.
Accordingly, new appointees to the Supreme Court and the lower federal courts were presumably not as strongly committed to protecting the authority of the federal government as was Chief Justice Marshall