Article: The use that the future makes of the past: John Marshall's greatness and its lessons for today's Supreme Court Justices.

John Marshall's greatness rests on a relatively small number of Supreme Court opinions, of which the most famous are Marbury v. Madison, (1) McCulloch v. Maryland, (2) and Gibbons v. Ogden. (3) Beyond these are a number of less famous but also important cases, including his opinions in the Native American cases, (4) Fletcher v. Peck, (5) and Dartmouth College v. Woodward. (6)

What makes Marshall a great Justice? One feature is certainly his institutional role in making the U.S. Supreme Court much more important to American politics than it had been previously. That is a function, however, of the sorts of cases that were brought before the Court, and of the ...

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