Hear a narrative account of Justice John Marshall's 'simple' upbringing and his major impact on the American republic.

John Marshall had roughly 1 year of formal schooling

Born in a log cabin, along with many of his siblings, Marshall received only about a year of formal education. He briefly attended lectures at the College of William & Mary before beginning a legal career that ultimately led to the nation's highest court.

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.

Marshall served in the Continental army under Washington

Before his judicial career, Marshall served in a Virginia regiment during the American Revolution, rising to the rank of captain. He fought at Brandywine and Monmouth, endured the winter at Valley Forge, and developed a personal connection with Gen. George Washington.

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.

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.

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

This podcast explores how Chief Justice John Marshall avoided a direct clash with President Jefferson by denying William Marbury his commission—while simultaneously declaring that courts can strike down unconstitutional laws—cementing judicial review, and expanding the Supreme Court's authority.

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.

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.

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.

John Marshall maintained a lifelong connection to George Washington

Marshall served under Washington in the Continental army, later delivered a memorial address following his death, and chaired the funeral arrangements. He also authored a five-volume, 3,200-page biography, "The Life of George Washington."

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.

Cases during John Marshall's tenure defined the principles of federal Indian law

During Marshall's tenure, three landmark rulings—Johnson v. M'Intosh, Cherokee Nation v. Georgia, and Worcester v. Georgia—established foundational doctrines of federal Indian law, defining tribal sovereignty, limiting state authority, and placing primary responsibility for Native affairs in the federal government.

John Marshall invested in western land speculation

Like many Virginia elites of his era, Marshall invested in large tracts of western land, including holdings in Kentucky and the Ohio valley. His financial interests mirrored the broader post-Revolutionary pattern of land speculation among political leaders.

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.

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.

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."

John Marshall gained national prominence during the XYZ Affair

In 1797, President John Adams sent Marshall to France amid seizures of American ships. French intermediaries demanded loans and bribes before talks, and Marshall refused. Publication of the dispatches fueled the Quasi-War and elevated his reputation in the United States.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

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.

Shakespeare included a reference to toasting in ‘The Merry Wives of Windsor’

At one point in the 1602 play, the character Falstaff calls for a quart of wine, asking for toast to be placed in it, as was customary at the time.

'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)

The temperance movement loathed toasting

The 19th- and 20th-century groups opposed to drinking alcohol viewed toasting as a vile practice that encouraged excess and debauchery. One reverend wrote in 1881 that "toasting is a relic of the vile custom of drinking to the honour, applause and commemoration of depraved men and women, whose persons should have been despised, and whose memories should be perished."

US marshals were the first federal law enforcement officers

Established in 1789, US marshals carried out court orders, served subpoenas, made arrests, and collected fines—serving as the federal government's main law enforcement agency across the states for nearly a century before the creation of the DOJ.

In ancient Rome, toast was added to drinks

Toasted bread crumbs absorbed the acidity of bitter wine and, in some cases, added flavor. Although the term "toasting" was not yet in use, the practice was common. Some say the Roman Senate decreed in the first century CE that all citizens must drink to the honor of Emperor Augustus before every meal, though scholars debate the validity of that claim. Eventually, the literal toast became associated with the tributes.

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.

Madison once lost an election because he refused to give voters free alcohol

After serving in Virginia's 1776 convention, James Madison lost a 1777 house of delegates race after refusing to bribe voters with liquor, which he believed violated republican principles.

The Lewis and Clark Expedition brought along an estimated 120 gallons of whiskey and still ran out of alcohol halfway through the journey.

Toasting goes back to at least ancient Greece

The Greeks regularly held symposia featuring wine, food, music, entertainment, and intellectual conversation, hosted by a symposiarch, who acted as emcee. The wine was often drunk in honor of Dionysus, the god of wine and ritual madness, which often led to excess.

The ‘three-martini lunch’ was popularized on Madison Avenue

Advertising executives working on Madison Avenue in the 1960s and ’70s popularized the so-called “three-martini lunch” between businesspeople during the work week. Admen of the time supposedly believed alcohol brought more creativity to the second half of their workday. This article explains why three-martini lunches are no longer commonplace.

Check out George Washington's beer recipe

The first American president's journal includes a recipe for "small beer," a low-alcohol beverage that was a cleaner (and slightly inebriating) alternative to the potentially sickening water of the time.

A history of Rome and wine

Wine and winemaking were integral parts of everyday Roman life. Wine was used medicinally and for religious rites, as well as for pleasure. It also contributed to the expansion of the Roman empire as wine and grapes were traded throughout the Mediterranean. Roman winemaking practices spread as the empire grew. Without Rome, wine may never have grown into what it became, and vice versa.

Hear about the 1962 Supreme Court case so divisive that it caused a justice's breakdown.

Gibbons v. Ogden expanded federal power over interstate commerce

In 1824, the Supreme Court unanimously invalidated a New York steamboat monopoly, ruling that navigation between states constitutes interstate commerce. Chief Justice John Marshall held that Congress has authority over such commerce and that conflicting state laws are void under the supremacy clause.

Washington's whiskey distillery at Mount Vernon was one of the largest in the country

By 1799, Mount Vernon's distillery produced nearly 11,000 gallons of whiskey annually, making it one of the largest commercial distilleries in the United States during Washington's lifetime and a significant source of income for the estate.

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.

The word 'toasting' goes back to the 17th century and likely refers to an outdated tradition about placing toast in wine.

The Judgment of Paris was organized by Steve Spurrier

The English wine merchant organized the competition with Patricia Gallagher at his Paris wine shop. In this in-depth interview, he talks about how he got into the wine trade, how the Judgment of Paris impacted his own career and the global wine scene, and tells some of his favorite stories from the past.

In 1639, Puritans in the Massachusetts Bay Colony banned toasting

Like the Anglo-Saxons and the ancient Greeks before them, the American colonists tended to party when they got to toasting. That led to a 1639 law banning the practice, which they viewed as excessive and superstitious. Alcohol remained legal, but the hope was that banning toasting might reduce excessive drinking.