Tag: john marshall

The Census Case and Our Radical Chief Justice?

 

I’ve been thinking further about the Chief Justice’s opinion in the Census case, Department of Commerce v. New York (full opinion here). I am concerned that his opinion may reflect a truly radical and dangerous idea, in a way that he may not have considered. Though frankly, this seems unlikely, as he is an extremely intelligent and experienced lawyer and judge.

I find the Chief’s reasoning very troubling, and his rationale was shared by none of the other eight Justices. The Chief thought that the substantive decision made by the Secretary of Commerce — to include a citizenship question on the census long form — was perfectly permissible as a general proposition. However, the Chief thought that the possibly bad motives of this particular Secretary made the decision impermissible.

Member Post

 

John Marshall is one of the most consequential figures in the history of the United States, yet too little is known about him. In John Marshall : The Man Who Made The Supreme Court, journalist and author Richard Brookhiser seeks to help us know more about this man. In life Marshall was an unimposing character. Early […]

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ACF Founders Series #3: John Marshall

 

Historian Richard Brookhiser returns to the podcast for our third conversation on a Founder–in this case, the man most responsible for the Supreme Court–John Marshall, the fourth Chief Justice, a log cabin Federalist, a patriotic soldier in the Revolution and a very successful lawyer, who then served in all three branches of government. (You read that right: The first three CJs thought the job wasn’t worth it…) Mr. Brookhiser is just publishing his biography of Marshall, the last of the great Federalists, out the week after the election, so go order it, buy it, read it, and let everyone know! We’ve already covered two great Federalists — Hamilton and Gouverneur Morris — so by now we can show fairly well what it was like to be the first party in government in American history.