John Marshall and the Confluence of Law and Politics

Abstract

This article was originally presented as part of a symposium on Marbury v. Madison given at the University of Tennessee College of Law in 2003. Beginning with an examination of Virginia judge St. George Tucker's significant contribution to the origins of judicial review in the United States, this article emphasizes the political context in which Marbury was decided. The author contends that John Marshall's analysis of constitutional principals was deliberately designed to advance the Federalist Party's political goal of bringing the federal judiciary to a position of equality with the other branches of government. Marshall succeeded in this effort as evidenced by the fact that judicial review is now accepted as an essential part of the system of checks and balances identified with constitutional protection. From its modest application of judicial review in 1803, Marbury has been transformed into a symbol of the Supreme Court's ultimate power to formulate public policy through the exercise of judicial review.

Keywords: Marbury, Madison, constitution, judicial review, politics, john marshall, st. george tucker