To what extent does our Constitution bear the stamp of Marshalls interpretation?.
When observers speak of “the Great Chief Justice” they almost invariably refer to John Marshall. To what extent does our Constitution bear the stamp of Marshalls interpretation? Is there a theme or set of principles underlying all of Marshalls opinions (i.e., is there a Marshallian view of the Constitution?) In what areas do Marshalls great opinions still hold sway and in what areas have they fallen by the wayside?
2. You have spent a semester noting that the meaning of the Constitution shifts and sways over time – a meaning is established, it is abandoned in favor of a new understanding, that understanding is modified, and (perhaps) an older meaning is reestablished. Take a look at the work of the Supreme Court over the last 25 years (the Rehnquist-Roberts Court). Do you discern any pattern(s) in the way that Court has interpreted the Constitution? Do you see any specific trends developing? Explain with appropriate examples.
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To what extent does our Constitution bear the stamp of Marshalls interpretation?