John Marshall and the Constitution: A Chronicle of the Supreme Court

John Marshall and the Constitution: A Chronicle of the Supreme Court

John Marshall and the Constitution: A Chronicle of the Supreme Court

John Marshall and the Constitution: A Chronicle of the Supreme Court

Excerpt

The monarch of ancient times mingled the functions of priest and judge. It is therefore not altogoether surprising that even today a judicial system should be stamped with a certain resemblance to an ecclesiastical hierarchy. If the Church of the Middle Ages was "an army encamped on the soil of Christendom, with its outposts everywhere, subject to the most efficient discipline, animated with a common purpose, every soldier panoplied with inviolability and armed with the tremendous weapons which slew the soul," the same words, slightly varied, may be applied to the Federal Judiciary created by the American Constitution. The Judiciary of the United States, though numerically not . . .

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