Sound Bite
It has been often said that 'an institution is lengthened by the shadow of one man.'� This is certainly true of John Marshall, who established the Supreme Court, made the judiciary a co-equal branch of government, and served as Chief Justice of the United States Supreme Court from 1801'1835.Why did Thomas Jefferson and John Marshall become such great antagonists? John Marshall was interested in doing whatever it would take to make the United States successful. Marshall believed in an ordered society. Jefferson, more a philosopher and a romantic, was interested in ideas rather than order.In this book a legal expert discusses the battles over the judiciary between Chief Justice John Marshall and President Thomas Jefferson during the Jefferson Presidency. The focus is on the treason trial of Aaron Burr and the story interweaves conflicts over the Judiciary Acts, Marbury v. Madison, and impeachment. President Jefferson is seen in far different light than usual.
About the Book
The author presents Thomas Jefferson's historic confrontation with Aaron Burr and Chief Justice John Marshall's responses to Jefferson's efforts to influence, if not dictate to, the Judicial Branch. Zellar reveals facets of Jefferson's personality that are quite at odds with his reputation as a champion of civil liberties. The evidence shows that Jefferson jumped to conclusions and publicly proclaimed Burr's guilt --Ã? before he was even arrested, much less indicted and tried. Jefferson was intimately involved in trial strategy, writing numerous letters to the lead prosecutor. At the same time, Chief Justice John Marshall, usually presented as a champion of property rights and commerce, ensured that the rule of law prevailed, despite enormous pressures, throughout the criminal trial. Letters between Jefferson and Prosecutor George Hay, and excerpts from the trial transcript and court opinions, support the author's thesis.The author notes,I have found John Marshall to be a truly engaging, good, and brilliant man. He treated people with dignity and respect, even those with whom he disagreed. Thomas Jefferson and Judge Spencer Roane of Virginia appear to be the only persons Marshall disdained. During my research, I reread Chief Justice Marshall's great expositions on Constitutional law, as well as his letters and comments made about him by his contemporaries. I was particularly impressed with Marshall's court management of the Burr trial. It was a brilliant performance. Although Jefferson was always the smartest person in the room, Marshall (a brilliant man himself) was more down to earth. Future Supreme Court Associate Justice Story wrote, after meeting Marshall for the first time in 1808: 'I love his laugh. It is too hearty for an intriguer.' Chief Justice John Roberts recently contrasted President Jefferson and Chief Justice Marshall: 'Jefferson certainly did not have the common touch.'¦[W]hen you look at him side by side with Marshall, Marshall comes across as more substantial, certainly more likeable. Yes, I think they'd both invite you to share their table and pour you a drink, but you kind of think you'd have a very academic discussion with Jefferson and you'd have a good time with Marshall.' Marshall, unfortunately, is not as well known as Jefferson.
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