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John Marshall to the Rescue

Fourth of a Series by Bob Toerpe

The Revolutionary War had been won.  The constitution had been written, eight states had approved it, on more was required.  The debate in Virginia was intense.

Day after day the battle continued. The weapons were common words strung together so that an idea was presented, attacked and defended.

On Monday, June 16, the convention began to consider the grant of power to the national government.  The anti-federalists made strong arguments against the transfer of power from the states to the central government.  Thirty-three year old John Marshall rose to defend Article III of the constitution.

"Both the national and state governments," he began, "are creations of the people and the people can take power from one government and transfer it to the other.  The state government did not derive its power from the central government, each derived its power from the people."

As a result of Marshall's  concentration on "We the people" many of the delegates began to view the entire document in a different light.  This really was laying out a government distinct from any other that had ever existed.

The leaders for and against the constitution addressed the many contentious issues:

• The power given to the central government

• How would an arm & navy be raised -- who would command them?

• Who would make treaties with other countries?

• We must have a Bill of Rights

The anti-federalists challenged everything.  The federalists responded by explaining what was meant by every clause.  Next up was the national judiciary.

Very few delegates were in favor of it.  Why was a supreme court needed?  The anti-federalists made a strong case for state courts only.

The federalists were losing ground until Marshall rose to present a detailed analysis of the complicated provisions supporting the national judiciary.  He made it understandable.  His speech was noteworthy for frequent reference to the judiciary as the "defender of the constitution and of individual liberty."  He later added, "The judiciary is to execute laws in a peaceable, orderly manner without shedding blood...or using force.  To whom will you look for protection against an infringement of the constitution, if not the judiciary?"

The debate was winding down, the vote would be close.  Patrick Henry had one more parliamentary trick up his sleeve. It  would be presented the next day, June 23, 1788. 
 

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