edge, and
Ellsworth, the second, Rutledge, after sitting one term under a recess
appointment, retired in consequence of his rejection by the Senate; and
neither Jay nor Ellsworth, though both were men of high capacity, had
found in their judicial station, the full importance of which was
unforeseen, an opportunity for the full display of their powers, either
of mind or of office. The coming of Marshall to the seat of justice
marks the beginning of an era which is not yet ended, and which must
endure so long as our system of government retains the essential
features with which it was originally endowed. With him really began the
process, peculiar to our American system, of the development of
constitutional law by means of judicial decisions, based upon the
provisions of a fundamental written instrument and designed for its
exposition and enforcement. By the masterful exercise of this momentous
jurisdiction, he profoundly affected the course of the national life and
won in the knowledge and affections of the American people a larger and
higher place than ever has been filled by any other judicial magistrate.

From 1801 to 1835, in the thirty-four years during which he presided in
the Supreme Court, sixty-two decisions were rendered involving
constitutional questions, and in thirty-six of these the opinion of the
court was written by Marshall. In the remaining twenty-six the
preparation of the opinions was distributed among his associates, who
numbered five before 1808 and after that date six. During the whole
period of his service, his dissenting opinions numbered eight, only one
of which involved a constitutional question. Nor was the supremacy which
this record indicates confined to questions of constitutional law. The
reports of the court during Marshall's tenure fill thirty volumes,
containing 1,215 cases. In ninety-four of these no opinions were filed,
while fifteen were decided "by the court." In the remaining 1,106 cases
the opinion of the court was delivered by Marshall in 519, or
nearly one-half.

A full review of the questions of constitutional law decided by the
Supreme Court during Marshall's term of service would involve a
comprehensive examination of the foundations on which our constitutional
system has been reared; but we may briefly refer to certain leading
cases by which fundamental principles were established.

In one of his early opinions he discussed and decided the question
whether an Act of Congr