The Marshall Court and Cultural Change, 1815-1835

Book excerpt: G. Edward White's monumental study on the Marshall Court, originally published as Volumes III-IV of the Oliver Wendell Holmes Devise History of the Supreme Court, shows how the decisions made between 1815 and 1835 reveal an active reinterpretation of the Constitution and its principles of republicanism to suit the requirements of a rapidly changing nation. Placing the Marshall Court within the cultural and ideological context of early nineteenth-century America, White argues that the Court recast the language of the Constitution to give certain crucial terms the appearance of timeless legal principles, and promoted a style of judicial decision-making that concealed the discretionary elements of constitutional interpretation from public scrutiny, thus fostering the impression of an objective, non-partisan Court. Now available in an abridged paperback edition, The Marshall Court and Cultural Change, 1815-1835 will be essential for courses in American legal and constitutional history.