Bench Memos

Law & the Courts

‘Did John Marshall Continue as Secretary of State?’

The conventional historical understanding is that after becoming Chief Justice in February 1801 John Marshall continued as Secretary of State for the remaining month of John Adams’s presidency. As I explore in my new Confirmation Tales post, the reality is somewhat different and, I think you’ll find, very intriguing.

There are all sorts of twists and turns: an exchange of letters between Marshall and Thomas Jefferson; Jefferson’s dubiously postdated authorization of Marshall; a response from Marshall that he somehow misdated by two decades; and an amusing aftermath in Marbury v. Madison.


I invite you to sign up for Confirmation Tales.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
Exit mobile version