Marshall used deft political maneuvering to increase the court's power in Marbury v. Madison

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

Read the majority opinion that established judicial review

In his opinion in Marbury v. Madison, Chief Justice John Marshall argued that a written constitution is "paramount law" and that courts must refuse to enforce statutes that conflict with it. He declared that "it is emphatically the province and duty of the Judicial Department to say what the law is."

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

Thomas Jefferson and John Marshall clashed over national power and states' rights

Distant cousins Jefferson and Marshall advanced opposing constitutional visions—Jefferson favoring states' rights and local majorities, while Marshall defended broad federal authority and judicial review. Through decisions such as McCulloch v. Maryland, Marshall advanced national supremacy over state resistance.

Hear leading experts on constitutional law discuss the legacy and impact of Marshall

In this podcast, constitutional scholars Michael Gerhardt (University of North Carolina) and Kevin Walsh (University of Richmond) analyze Marshall's 34-year tenure, assessing his role in establishing judicial review, expanding federal power, and shaping the court's institutional authority.

John Marshall inherited a marginal and largely inactive Supreme Court

By 1801, the court had little institutional authority or public standing. Its first three chief justices served only 11 years combined, and in its first decade, the court decided only 63 cases—none of which struck down a federal or state law.

Marbury v. Madison also has implications for presidential power and transitions

This podcast episode explores how Marbury v. Madison extends beyond judicial review, examining its implications for presidential authority, administrative control, and the tensions that arise during transitions of power between outgoing and incoming administrations.

John Marshall presided over more than 1,100 Supreme Court decisions

During his 34-year tenure, the Marshall court issued 1,129 decisions, including 1,042 unanimous rulings. Marshall authored more than 500 majority opinions—over half of the court's total output during his tenure as chief justice.

William Marbury was a wealthy Federalist insider

Marbury was a prosperous Georgetown businessman, bank director, and slaveholder with close ties to the Federalists. His appointment as a justice of the peace, which was never delivered, sparked the Marbury v. Madison case.

Marshall was briefly secretary of state and chief justice at the same time

Appointed secretary of state by John Adams in 1800, Marshall oversaw foreign policy during disputes with France, Britain, and Spain, including support for the Convention of 1800. For about a month in early 1801, he served as both secretary of state and chief justice.

Hear a narrative account of Marshall's 'simple' life and great impact

This podcast traces Marshall's rise from a frontier upbringing to chief justice, examining how a "country boy" born in a log cabin became the most important figure in the early Supreme Court.

John Marshall presided over Aaron Burr's 1807 treason trial

During the 1807 trial of former Vice President Aaron Burr, Marshall required proof of an overt act witnessed by two people to sustain a treason charge. His rulings limited executive influence and reinforced constitutional standards for conviction under Article III.

John Marshall owned enslaved people and ruled against them in slavery cases

Though Marshall wrote that slavery was "contrary to the law of nature," he enslaved nearly 200 people at his death in 1835 and ruled against enslaved claimants in several cases. His will offered conditional emancipation to Robin Spurlock, his first slave.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

Take a deep dive into the constitutional foundations of judicial review

In this episode of "This Constitution," the hosts take a law-focused approach to judicial review—examining its roots in Article III and the supremacy clause, its development through Marbury v. Madison, and the ongoing constitutional debates about whether the court's power strengthens or strains American democracy.

Wine was often served at the Marshall court

Marshall was known for his love of alcohol. In the early 1800s, justices (loosely) maintained a rule that they could drink only when it was raining. On a sunny day, Marshall is said to have declared, "Somewhere in our broad jurisdiction it must surely be raining."

Court-packing is the attempt to change the number of Supreme Court justices to shift the balance

Because the Constitution leaves the court's size to Congress, presidents have periodically sought to expand or reshape it. This explainer examines past efforts—including Franklin D. Roosevelt's failed 1937 plan—and why court-packing remains so controversial.

Andrew Jackson reshaped the presidency and expanded executive authority

Andrew Jackson used the veto extensively, removed federal deposits from the national bank, and asserted the president's right to act independently of Congress—shifting the balance of power toward the executive branch.

The Barbary Wars were an early test of whether a president could wage war without a formal declaration from Congress

Jefferson sent naval forces against North African pirates without a congressional declaration of war, acting under his own authority. Years later, Madison took the opposite approach and formally sought congressional authorization.

'What each of us must come to realize is that our intent always comes through.'

- First African American Supreme Court justice Thurgood Marshall (1908-1993)

Madison urged Jefferson to accept the Louisiana Purchase despite constitutional concerns

As secretary of state, James Madison helped negotiate the 1803 Louisiana Purchase and persuaded Thomas Jefferson to proceed, arguing that the strategic and economic stakes outweighed the unresolved constitutional questions.

The rivalry between Alexander Hamilton and Thomas Jefferson centered on federalism—the question of how much power the federal government should hold relative to the states.

The Voting Rights Act expanded the DOJ's power to enforce voting protections

The Voting Rights Act of 1965 expanded the Department of Justice's power to challenge discriminatory election laws, send federal examiners, and supervise voting changes in areas with histories of voter suppression—although some of these powers have been limited by court rulings since then.

In 2018, the Supreme Court sided with American Express in a case that significantly changed antitrust regulation.

The US Department of Justice sued Visa, Mastercard, and American Express in 2010 over alleged anticompetitive contracts with merchants. While Visa and Mastercard settled out of court, American Express went to trial and had its case taken all the way up to the Supreme Court—which ruled that both sides of a transaction business must be analyzed to determine a monopoly.

Explore jury nullification, the little-known power that lets jurors ignore the law and acquit anyway

When jurors disagree with a law, they can simply vote to acquit regardless of the evidence; however, this practice is rare, and the legal system actively discourages it. This podcast traces its history from a Quaker prayer meeting in London to the LA riots.

Trace how the Bill of Rights, inspired by centuries of political theory, took shape between 1774 and 1789.

Gerrymandering works through two techniques: cracking opposing voters across districts to dilute their power, and packing them into a few to waste their votes in lopsided majorities.

The story of Dollree Mapp, whose legal challenge over her 1957 conviction for possessing "obscene material" led to a major strengthening of the Fourth Amendment

Exploring the Larry Bird punch that almost changed March Madness

Long before Major League Baseball began allowing instant replay for balls and strikes, an umpire reluctantly used the technology to determine whether a hit was a home run, a move that inadvertently ushered in a new era for the sport.

The idea for the Federal Reserve was conceived in secret in 1910—with bankers donning duck hunt gear for disguise while traveling to a remote country club on Georgia's Jekyll Island

Despite being favored by 87% of Americans, Congress does not have term limits.

Mark Twain spent decades feuding with the US Postal Service, convinced its costs and regulations were bureaucratic overreach.

The original copy of the Declaration of Independence is not a pristine document, and even features a smudged anonymous handprint in the bottom left corner.

Many legends about George Washington, including his supposed wooden teeth and the story of cutting down the cherry tree, lack evidence.

Abraham Lincoln was almost assassinated weeks before his inauguration as he traveled from Illinois to DC through Baltimore in 1861; it took two independent claims for Lincoln to be convinced the threat was real

Legendary architect Frank Lloyd Wright designed the SC Johnson headquarters in Wisconsin, aiming to make a cathedral-like workplace

One disco producer saw 'Star Wars' four times on its opening weekend and was so inspired that he recorded the album 'Star Wars and Other Intergalactic Funk,' which produced a chart-topping single.

Domino's Pizza's 30-minute delivery guarantee was responsible for the chain's 1980s surge, but it was discontinued after the company was found liable for delivery driver accidents.

'Grand Canyon of the Yellowstone,' a work by American painter Thomas Moran, inspired Congress to establish Yellowstone National Park.

Search a massive database of over 4 decades of clues from the TV quiz show 'Jeopardy!'

Learn how monoclonal antibodies, which mimic the body's antibodies, can fight diseases like Ebola.

Watch this video that uses Lego bricks to explain how venture capital works.

SpongeBob exemplifies Aristotle's philosophy for living well because he understands that happiness doesn't come from external factors like money, recognition, or power.

Listen to an in-depth conversation on the links between Parkinson's disease and herbicide exposure and the challenging pace of scientific investigation.

The word 'jazz' evolved from 'jasm,' 19th-century American slang for 'energy'

A Yale student wrote a profound essay about the consulting industry's influence on elite college students that was published in a book of her writing after she died in a post-graduation car accident.

Chaos theory—informally known as the butterfly effect—is the reason why weather forecasts are presented with probabilities rather than certainties.