One theme of the book that I’m working on about constitutional law during the Populist and Progressive period (1890-1910) is the way that Chief Justice Marshall’s landmark opinions were viewed at that time. I’m going to talk about this in two posts, as I think one would be too long.
So John Marshall is one of the greatest judges in our history, right? Thus, his famous decisions have always commanded the respect of the legal community, right? Well, not exactly.