from Part III - Courts for a New Empire, 1816–1825
Published online by Cambridge University Press: 28 August 2025
The history of how the federal judiciary shaped American sovereignty has long been hidden, obscured by two often-told stories about the courts and the nation. One tells us that judges historically have ceded authority to the president in foreign affairs, and therefore have had little influence on the United States’ international relations. The other asserts that the Marshall Court’s constitutional rulings laid the foundation for federal sovereignty under the Constitution. Both of these accounts have elements of truth, but only because of developments a century later. The claim that Marshall’s constitutional decisions shaped the nation projects backward into the past an importance those rulings did not have when they were made. And the notion that the courts have historically had little to do with foreign affairs ignores that early judges were central participants in a cooperative effort among the three branches of government to secure the United States’ place in the world. It is that legacy of judicial nation-building, rather than the stories we have inherited, that can help us think about the courts’ role today.
To save this book to your Kindle, first ensure no-reply@cambridge-org.demo.remotlog.com is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.