UIC Law Review Volume 33 Issue 4 Article 16 Summer 2000 Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000) Jean Edward Smith Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Constitutional Law Commons, Courts Commons, Judges Commons, Jurisprudence Commons, Law and Society Commons, Legal History Commons, and the Legal Profession Commons Recommended Citation Jean Edward Smith, Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000) https://repository.law.uic.edu/lawreview/vol33/iss4/16 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact
[email protected]. MARSHALL MISCONSTRUED: ACTIVIST? PARTISAN? REACTIONARY? JEAN EDWARD SMITH* It is a distinct privilege to conclude the symposium of the John Marshall Law School on the Life and Jurisprudence of Chief Justice John Marshall. The papers presented ranged widely over Marshall's judicial career, and illustrate the unparalleled contribution of the great Chief Justice to American jurisprudence. Perhaps, in that context, I might remind you of some of the characteristics Marshall brought to the bench when he was appointed Chief Justice of the United States in 1801. Namely: " A total lack of judicial experience; " A widely circulated reputation for indolence; and, * An unquenchable thirst for Madeira. Of course, he also brought to the Court what Senator Rufus King of New York called "the best organized mind of his generation."' He had experience at the highest levels of both the executive and legislative branches of government, serving as Secretary of State at the time of his appointment, and before that as the floor leader of the Adams Federalists in the House of Representatives.