John Marshall owned enslaved people and ruled against them in slavery cases

John Marshall inherited a marginal and largely inactive Supreme Court

By 1801, the court had little institutional authority or public standing. Its first three chief justices served only 11 years combined, and in its first decade, the court decided only 63 cases—none of which struck down a federal or state law.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

John Marshall had roughly 1 year of formal schooling

Born in a log cabin, along with many of his siblings, Marshall received only about a year of formal education. He briefly attended lectures at the College of William & Mary before beginning a legal career that ultimately led to the nation's highest court.

Hear a narrative account of Justice John Marshall's 'simple' upbringing and his major impact on the American republic.

John Marshall presided over more than 1,100 Supreme Court decisions

During his 34-year tenure, the Marshall court issued 1,129 decisions, including 1,042 unanimous rulings. Marshall authored more than 500 majority opinions—over half of the court's total output during his tenure as chief justice.

Thomas Jefferson and John Marshall clashed over national power and states' rights

Distant cousins Jefferson and Marshall advanced opposing constitutional visions—Jefferson favoring states' rights and local majorities, while Marshall defended broad federal authority and judicial review. Through decisions such as McCulloch v. Maryland, Marshall advanced national supremacy over state resistance.

John Marshall invested in western land speculation

Like many Virginia elites of his era, Marshall invested in large tracts of western land, including holdings in Kentucky and the Ohio valley. His financial interests mirrored the broader post-Revolutionary pattern of land speculation among political leaders.

Marshall used deft political maneuvering to increase the court's power in Marbury v. Madison

This podcast explores how Chief Justice John Marshall avoided a direct clash with President Jefferson by denying William Marbury his commission—while simultaneously declaring that courts can strike down unconstitutional laws—cementing judicial review, and expanding the Supreme Court's authority.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

John Marshall maintained a lifelong connection to George Washington

Marshall served under Washington in the Continental army, later delivered a memorial address following his death, and chaired the funeral arrangements. He also authored a five-volume, 3,200-page biography, "The Life of George Washington."

Cases during John Marshall's tenure defined the principles of federal Indian law

During Marshall's tenure, three landmark rulings—Johnson v. M'Intosh, Cherokee Nation v. Georgia, and Worcester v. Georgia—established foundational doctrines of federal Indian law, defining tribal sovereignty, limiting state authority, and placing primary responsibility for Native affairs in the federal government.

Marshall was briefly secretary of state and chief justice at the same time

Appointed secretary of state by John Adams in 1800, Marshall oversaw foreign policy during disputes with France, Britain, and Spain, including support for the Convention of 1800. For about a month in early 1801, he served as both secretary of state and chief justice.

Madison condemned slavery in theory while owning slaves

James Madison argued that slavery violated Revolutionary ideals. Yet, he inherited and managed more than 100 enslaved people to operate the family's 3,000-acre plantation, brought enslaved laborers to the White House, and later sold them for personal profit.

William Marbury was a wealthy Federalist insider

Marbury was a prosperous Georgetown businessman, bank director, and slaveholder with close ties to the Federalists. His appointment as a justice of the peace, which was never delivered, sparked the Marbury v. Madison case.

Read the majority opinion that established judicial review

In his opinion in Marbury v. Madison, Chief Justice John Marshall argued that a written constitution is "paramount law" and that courts must refuse to enforce statutes that conflict with it. He declared that "it is emphatically the province and duty of the Judicial Department to say what the law is."

John Marshall presided over Aaron Burr's 1807 treason trial

During the 1807 trial of former Vice President Aaron Burr, Marshall required proof of an overt act witnessed by two people to sustain a treason charge. His rulings limited executive influence and reinforced constitutional standards for conviction under Article III.

John Marshall gained national prominence during the XYZ Affair

In 1797, President John Adams sent Marshall to France amid seizures of American ships. French intermediaries demanded loans and bribes before talks, and Marshall refused. Publication of the dispatches fueled the Quasi-War and elevated his reputation in the United States.

Marshall served in the Continental army under Washington

Before his judicial career, Marshall served in a Virginia regiment during the American Revolution, rising to the rank of captain. He fought at Brandywine and Monmouth, endured the winter at Valley Forge, and developed a personal connection with Gen. George Washington.

Wine was often served at the Marshall court

Marshall was known for his love of alcohol. In the early 1800s, justices (loosely) maintained a rule that they could drink only when it was raining. On a sunny day, Marshall is said to have declared, "Somewhere in our broad jurisdiction it must surely be raining."

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

Hear leading experts on constitutional law discuss the legacy and impact of Marshall

In this podcast, constitutional scholars Michael Gerhardt (University of North Carolina) and Kevin Walsh (University of Richmond) analyze Marshall's 34-year tenure, assessing his role in establishing judicial review, expanding federal power, and shaping the court's institutional authority.

Later in life, Washington privately grew critical of slavery—while continuing to uphold it publicly

His private letters increasingly described slavery as unjust and incompatible with Republican ideals, and his final will ordered the eventual emancipation of those he legally owned. At the same time, he enforced slave labor, signed pro-slavery laws, and took no public action to dismantle the system.

Hamilton opposed slavery in principle but participated in the institution

Alexander Hamilton spoke against slavery, helped found the New York Manumission Society, and supported gradual emancipation while also participating in transactions involving enslaved people through his in-laws—and possibly within his own household, though historians debate this.

'What each of us must come to realize is that our intent always comes through.'

- First African American Supreme Court justice Thurgood Marshall (1908-1993)

Despite the Juneteenth announcement that they were free, some enslaved people were still held captive.

The Dred Scott decision denied African Americans citizenship, upheld slavery, and marked the first use of judicial review since Marbury v. Madison

This page explores the case, providing information on Dred Scott and his case before the Supreme Court. Explore the implications of one of the most critical cases in the history of the court.

Hear the stories of some of the 577 people enslaved at Mount Vernon

Washington inherited his first slaves at age 11 and enslaved 123 people at the time of his death. This eight-part podcast traces the lives of eight of them, using their stories to examine how slavery complicates Washington's legacy today.

Francis Scott Key was opposed to slavery in principle, though he held slaves and was opposed to abolition.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

Robert Smalls escaped slavery by piloting a stolen Confederate ship to freedom, then became an influential Black political leader during Reconstruction.

Adams was a vocal opponent of slavery during the Revolutionary era

In letters written during the Revolution, Adams clearly opposed slavery—calling it an unjust scheme and highlighting the contradiction of fighting for freedom while enslaving others. Read it in her own words here in a letter to John Adams.

The Dred Scott decision denied citizenship to people of African descent

In 1857, the Supreme Court ruled in Dred Scott v. Sandford that Black Americans could not be US citizens. The decision heightened an already brewing conflict and became a key factor in pushing the nation toward civil war.

US marshals were the first federal law enforcement officers

Established in 1789, US marshals carried out court orders, served subpoenas, made arrests, and collected fines—serving as the federal government's main law enforcement agency across the states for nearly a century before the creation of the DOJ.

As president, Thomas Jefferson expanded federal power despite opposing centralized authority

Although Jefferson argued for limited national power, his presidency expanded federal authority through actions such as the Louisiana Purchase, territorial governance, and federal enforcement—reflecting a pragmatic departure from his earlier strict interpretation of the Constitution.

A section condemning slavery, originally written by Thomas Jefferson, was cut from the Declaration of Independence.

Gibbons v. Ogden expanded federal power over interstate commerce

In 1824, the Supreme Court unanimously invalidated a New York steamboat monopoly, ruling that navigation between states constitutes interstate commerce. Chief Justice John Marshall held that Congress has authority over such commerce and that conflicting state laws are void under the supremacy clause.

The 13th Amendment's criminal exception enabled new forms of forced labor

Southern states exploited the amendment's clause allowing slavery "as punishment for crime" to arrest thousands of Black Americans on minor charges, leasing them to private employers through convict labor systems that persisted for decades.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

Whitman's antislavery writing often focused on white Americans

The poet was openly opposed to slavery, though some of his writing focuses on abolition’s benefits for white people rather than for the lives of the enslaved.

A section condemning slavery was cut from the Declaration

Thomas Jefferson included a passage in his original draft denouncing slavery. This explainer from the Henry Ford Museum explores why Congress removed it to preserve colonial unity and how that decision shaped the nation's earliest political compromises.

In 1215, the Magna Carta declared that even the king was not above the law

Forced on King John by rebellious barons, the Magna Carta established limits on royal power and the principle that rulers are subject to law. Discover how this foundational text later influenced the development of constitutional government and modern human rights traditions.

The 14th Amendment aimed to guarantee citizenship for formerly enslaved people

The 14th Amendment was crafted to overturn Dred Scott by granting birthright citizenship to formerly enslaved people and their descendants, securing their legal status under federal law.

Slavery in the US: a timeline

In 1619, a ship with 20 captives landed at Point Comfort in Virginia, ushering in the era of American slavery. Scroll through this timeline to learn more about slavery in the US and its long lasting effects.

An 1873 Supreme Court case about slaughterhouses weakened parts of the 14th Amendment

In 1873, the Supreme Court's Slaughterhouse Cases ruled that the 14th Amendment's "privileges or immunities" clause protected only federal—not state—citizenship rights, greatly limiting the amendment's power to safeguard enslaved people from state discrimination.

Abolitionists shaped American history from the Revolution to the Civil War

Abolitionists of all backgrounds organized against slavery from the founding era onward. Historian Manisha Sinha argues that their decades of activism fundamentally shaped American democracy and made emancipation possible.

After gaining her freedom, Truth successfully went to court to free her son

When her son Peter was illegally sold into slavery in Alabama, Truth took the matter to court—becoming one of the first Black women to successfully sue a white man and win, and securing her son's return.

The 13th Amendment permanently abolished slavery in the United States

Ratified in December 1865, the 13th Amendment outlawed slavery nationwide except as punishment for a crime. Southern states were required to ratify it under President Andrew Johnson's initial Reconstruction plan before regaining representation, though Congress later imposed stricter conditions.

The origins and growth of the Juneteenth holiday

The American holiday of Juneteenth celebrates the emancipation of African American slaves, a process which unfolded over the four years of the Civil War and several months afterward. June 19 took on special significance as the day Union officials proclaimed slaves free in Texas in 1865, the last holdout after the Civil War ended. Roughly 4 million people were freed from slavery as a result of emancipation. Read this brief article summarizing the holiday's development.

According to Confederate leaders, the defense of slavery was the primary reason for secession.

The news delivered on the original Juneteenth freed enslaved people in Texas, but it also offered vague guidance on what they should do next.