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John Marshall : ウィキペディア英語版
John Marshall

John Marshall (September 24, 1755July 6, 1835) was the fourth Chief Justice of the Supreme Court of the United States (1801–1835). His court opinions helped lay the basis for United States constitutional law and many say made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches. Previously, Marshall had been a leader of the Federalist Party in Virginia and served in the United States House of Representatives from 1799 to 1800. He was Secretary of State under President John Adams from 1800 to 1801.
The longest-serving Chief Justice and the fourth longest-serving justice in U.S. Supreme Court history, Marshall dominated the Court for over three decades and played a significant role in the development of the American legal system. Most notably, he reinforced the principle that federal courts are obligated to exercise judicial review, by disregarding purported laws if they violate the constitution. Thus, Marshall cemented the position of the American judiciary as an independent and influential branch of government. Furthermore, Marshall's court made several important decisions relating to federalism, affecting the balance of power between the federal government and the states during the early years of the republic. In particular, he repeatedly confirmed the supremacy of federal law over state law, and supported an expansive reading of the enumerated powers.
Some of his decisions were unpopular. Nevertheless, Marshall built up the third branch of the federal government, and augmented federal power in the name of the Constitution, and the rule of law.〔Charles F. Hobson, ''The Great Chief Justice: John Marshall and the Rule of Law'' (2000) p. 121〕 Marshall, along with Daniel Webster (who argued some of the cases), was the leading Federalist of the day, pursuing Federalist Party approaches to build a stronger federal government over the opposition of the Jeffersonian Republicans, who wanted stronger state governments.〔Jean Edward Smith, ''John Marshall: Definer of a Nation'' (1998) p. 8〕
==Early years (1755 to 1782)==
John Marshall was born in a log cabin in Germantown,〔(See here ) for maps of where the Marshall land was located within Germantown. Cf. http://www.johnmarshallfoundation.org/john-marshall/historic-landmarks/birth-place-of-john-marshall/.〕 a rural community on the Virginia frontier, in what is now Fauquier County, near Midland, on September 24, 1755, to Thomas Marshall and Mary Isham Keith, the granddaughter of Thomas Randolph of Tuckahoe. The oldest of fifteen, John had eight sisters and six brothers. Also, several cousins were raised with the family.〔Jefferson's mother and Marshall's maternal grandmother were first cousins, because their fathers were both sons of William Randolph and Mary Isham. See Beveridge, Albert. ''The Life of John Marshall: Frontiersman, Soldier Lawmaker'' (Beard Books 2000).〕 From a young age, he was noted for his good humor and black eyes, which were "strong and penetrating, beaming with intelligence and good nature".〔Quoted in Baker (1972), p. 4 and Stites (1981), p. 7.〕 His younger brother, James Markham Marshall, also served briefly in a newly created judgeship for the Federal judiciary on the Circuit Court of the District of Columbia from 1801 to 1803, and three of his brothers, Keith, William and Charles were lawyers.
Thomas Marshall was employed in Fauquier County as a surveyor and land agent by Lord Fairfax, which provided Marshall with a substantial income.
In the early 1760s, the Marshall family left Germantown and moved about miles to Leeds Manor (so named by Lord Fairfax) on the eastern slope of the Blue Ridge Mountains. On the banks of Goose Creek, Thomas Marshall built a wood frame house, with two rooms on the first floor and a two-room loft above. Thomas Marshall was not yet well established, so he leased it from Colonel Richard Henry Lee. The Marshalls called their new home "the Hollow", and the ten years they resided there were John Marshall's formative years.
In 1773, the Marshall family moved once again. Thomas Marshall, by then a man of substantial means, purchased an estate adjacent to North Cobbler Mountain in Delaplane. The new farm was located adjacent to the main stage road (now US 17) between Salem (the modern day village of Marshall, Virginia) and Delaplane. When John was 17, Thomas Marshall built Oak Hill there, a seven-room frame home with four rooms on the first floor and three above. Although modest in comparison to the estates of George Washington, James Madison, and Thomas Jefferson,〔(Oak Hill, Fauquier County ), National Park Service, Department of the Interior.〕 it was a substantial home for the period. John Marshall became the owner of Oak Hill in 1785 when his father moved to Kentucky. Although John Marshall lived his later life in Richmond, Virginia, and Washington D.C., he kept his Fauquier County property, making substantial improvements to the house until he transferred the property as a wedding present to his eldest son Thomas in 1809.
Marshall's early education was superintended by his father who gave him an early taste for history and poetry. Thomas Marshall's employer, Lord Fairfax, allowed access to his home at Greenway Court, which was an exceptional center of learning and culture. Marshall took advantage of the resources at Greenway Court and borrowed freely from the extensive collection of classical and contemporary literature. There were no schools in the region at the time, so home schooling was pursued. Although books were a rarity for most in the territory, Thomas Marshall's library was exceptional. His collection of literature, some of which was borrowed from Lord Fairfax, was relatively substantial and included works by the ancient Roman historian Livy, the ancient Roman poet Horace, and the English writers Alexander Pope, John Dryden, John Milton, and William Shakespeare. All of the Marshall children were accomplished, literate, and self-educated under their parents' supervision. At the age of twelve John had transcribed Alexander Pope's ''An Essay on Man'' and some of his ''Moral Essays''.
There being no formal school in Fauquier County at the time, John was sent, at age fourteen, about one hundred miles from home to an academy in Washington parish. Among his classmates was James Monroe, the future president. John remained at the academy one year, after which he was brought home. Afterward, Thomas Marshall arranged for a minister to be sent who could double as a teacher for the local children. The Reverend James Thomson, a recently ordained deacon from Glasgow, Scotland, resided with the Marshall family and tutored the children in Latin in return for his room and board. When Thomson left at the end of the year, John had begun reading and transcribing Horace and Livy.〔Jean Edward Smith, ''John Marshall: Definer of a Nation'' (1998) p. 35〕
The Marshalls had long before decided that John was to be a lawyer. William Blackstone's ''Commentaries on the Laws of England'' had been published in America and Thomas Marshall bought a copy for his own use and for John to read and study. After John returned home from Campbell's academy he continued his studies with no other aid than his dictionary. John's father superintended the English part of his education. Marshall wrote of his father, "... and to his care I am indebted for anything valuable which I may have acquired in my youth. He was my only intelligent companion; and was both a watchful parent and an affectionate friend".〔Smith, ''John Marshall: Definer of a Nation'' (1998) p. 22〕
Marshall served in the Continental Army during the American Revolutionary War and was friends with George Washington. He served first as a Lieutenant in the Culpeper Minutemen from 1775 to 1776, and went on to serve as a Lieutenant and then a Captain in the Eleventh Virginia Continental Regiment from 1776 to 1780.〔(John Marshall ) at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.〕〔 During his time in the army, he enjoyed running races with the other soldiers and was nicknamed Silverheels for the white heels his mother had sewn into his stockings.〔Stites (1981), pp. 11–65.〕 Marshall endured the brutal winter conditions at Valley Forge (1777–1778).〔"(Life and Legacy )", The John Marshall Foundation.〕 After his time in the Army, he read law under the famous Chancellor George Wythe at the College of William and Mary, was elected to Phi Beta Kappa, and was admitted to the Bar in 1780. He was in private practice in Fauquier County before entering politics.〔Smith, ''John Marshall: Definer of a Nation'' (1998) pp. 75–82〕

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